Canadians expect and have confidence that the privacy and confidentiality of their personal information will be protected when governments use it in the course of providing programs and services. In no field is the maintenance of this trust more critical than in the health sector.
Recognizing the importance of privacy, the Federal/Provincial/Territorial Conference of Deputy Ministers of Health tasked its Advisory Committee on Information and Emerging Technologies to develop a Pan-Canadian Health Information Privacy and Confidentiality Framework.
The objective of the Framework is to respond to Canadians’ privacy and confidentiality expectations and to suggest a harmonized set of core provisions for the collection, use and disclosure of personal health information in both the publicly and privately funded sectors. Consistent, or at least more consistent, privacy regimes among jurisdictions would facilitate health care renewal, including the development of electronic health record systems and primary health care reform.
The Framework is a valuable tool to inform and influence any privacy legislative process within jurisdictions affecting personal health information. Since the Personal Information Protection and Electronic Documents Act (PIPEDA) applies in jurisdictions which, unlike Quebec and British Columbia, have not adopted “substantially similar” legislation, the Framework can also serve as a guide to achieving that objective. However, it is also understood that it is only a guide, not a prescription. The actual intent and wording of jurisdictional legislation will ultimately determine whether the legislation can result in an exemption from PIPEDA. Quebec did not participate in the development of the Framework, while Saskatchewan withdrew near the end of the process.
Overview
The Pan-Canadian Health Information Privacy and Confidentiality Framework is the result of extensive analysis and consultation. The analysis included a review of both domestic and international approaches to protecting personal health information privacy. As part of the consultation process, jurisdictions generally consulted their respective government departments, ministries and stakeholder communities. Health Canada consulted national care provider associations while provinces and territories generally conducted parallel activities with the associations’ provincial and territorial counterparts (Consultation Groups – see Appendix B). Feedback was received from federal, provincial and territorial privacy commissioners, experts on genetic information and Canadians by means of a public opinion survey. The results of the consultations demonstrated strong support for the Framework and its objective of harmonizing privacy principles governing personal health information derived from both commercial and other activities. According to the survey, Canadians, for the most part, expressed strong confidence in the provisions of the Framework that were surveyed.
The Framework is comprised of core provisions aimed at protecting the privacy and confidentiality of individuals with respect to their health information, while enabling the flow of information where appropriate to support effective health care, the management of the health system and an interoperable health record. The core provisions are consistent with the requirements of the Canadian Charter of Rights and Freedoms and PIPEDA and reflect the realities of the health system. appendix A to the Framework is a listing of ancillary provisions that are provided for consideration. These ancillary provisions are not essential nor required by PIPEDA.
A principle that underpins the provisions is that the collection, use and disclosure of health information is to be carried out in the most limited manner, on a need-to-know basis and with the highest degree of anonymity possible in the circumstances. The Framework also recognizes that privacy is a consent-based right and, unless otherwise stated in legislation, the individual’s consent must be obtained for any collection, use and disclosure of personal health information. In keeping with current practices within the health care sector, an implied knowledgeable consent model is proposed for the collection, use and disclosure of personal health information within the circle of care.
The Framework applies to recorded and unrecorded personal health information, whether in paper or electronic format. It does not propose a separate or exceptional legislative vehicle to govern genetic information but views genetic information as a component of personal health information.
The Pan-Canadian Health Information Privacy and Confidentiality Framework is a guide rather than a prescription as legislators have the ultimate authority to determine the type of privacy legislation they wish to adopt. However, the Framework is also a valuable tool to achieve more consistent privacy provisions across jurisdictions and across the commercial and non-commercial sectors of health care.
Source and Full Article: http://www.hc-sc.gc.ca/hcs-sss/pubs/ehealth-esante/2005-pancanad-priv/index-eng.php