1. access your personal health information, and
2. have your personal health information kept private

when that information is held by a health care provider, health care facility or public body (referred to in the Act as “trustees“).

Access

The right of access means that you can ask to see, or get a copy of, personal health information about you.  You also have the right to request a correction to this information if you feel it is inaccurate or incomplete.

Access to your health records allows you to make informed decisions, based on complete information, about your health and health care.

Privacy

PHIA also recognizes that personal health information is private and should be held in confidence by those who maintain it. This enables you to discuss things you might find sensitive or embarrassing with trustees without worrying that they will discuss it with others inappropriately.

In order to protect your right to privacy, PHIA imposes obligations on trustees when they collect, maintain, use and share your personal health information.

When trustees collect personal health information from you, they will normally use that information for the reasons it was provided. For example, if you discuss personal health information with a health care provider, he or she will use that information to provide you with the care you are seeking.

Before trustees can use this information for other reasons — or share it with people outside their organization — they should generally get your consent. There are some exceptions to this obligation, however. Here are a few examples:

• A health care provider may share information about you with another provider who is involved in your care, as long as the information is relevant and as long as you haven’t asked the first provider not to.
• A hospital may contact your family and inform them that you are hurt or injured if you can’t inform them yourself.
• A hospital or personal care home may discuss, with family members and close friends, care you are currently receiving in the facility, as long as the facility believes you wouldn’t object.
• A trustee might share personal health information with an outside agency if it is necessary to prevent serious harm to you or someone else.
• A trustee might also have to share personal health information about you if another law requires them to do so.

Source: http://www.gov.mb.ca/health/phia/index.html

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

The government is amending the Health Information Protection Act, which protects confidential health records. It requires health professionals, government, and health organizations to have strong policies and procedures in place to safeguard the confidentiality of personal health information.

“We have consulted with health care professionals who told us that we must keep pace with the demands in the health care system for timely access to important information. In putting these amendments in place, we have taken a balanced approach to ensure there is timely access to patients’ vital health information by health care providers, while continuing to ensure that the strongest safeguards are in place to protect patient confidentiality,” said Health Minister John Nilson.

The Health Information Protection Act was passed in 1999, but not proclaimed until consultations occurred. These amendments were proposed following extensive consultations with key health organizations. The changes now in place are a direct response to issues raised during those consultations.

“The Saskatchewan Medical Association is confident that the legislation provides appropriate safeguards for the privacy of patients and the confidentiality of their health records,” said the Chair of the Saskatchewan Medical Association’s legislation committee Dr. Anne Doig.

The College of Physicians and Surgeons is also supportive of the legislation and the amendments.

In the event that a comprehensive electronic health record is created, The Health Information Protection Amendment Act ensures that patients will have the power to block access to their personal health information once that system is in place. Furthermore, the amendments ensure that health care professionals continue to have appropriate levels of access to personal health information necessary to provide quality care.

The Act will make it clear that individuals have a right to access their personal health information and can bring concerns regarding their personal health information to the attention of the Information and Privacy Commissioner.
For More Information, Contact:

Vanessa Gooliaff Beaupre
Health
Regina
Phone: (306)787-4083

Source: http://www.gov.sk.ca/news?newsId=79cc2a04-d0f5-4dc1-a145-e1bb5c067e17