New legislation has been introduced by the Provincial Government to protect the privacy of individuals� personal health information. The Personal Health Information Act will establish rules to govern the collection, use and disclosure of personal health information and will provide individuals with a right to access their own information and ask to have their information corrected if necessary.

"An individual�s health record is perhaps the most sensitive of all personal information, which is why it is imperative that we take measures to ensure its protection for our residents," said the Honourable Ross Wiseman, Minister of Health and Community Services. "This legislation clarifies the appropriate balance between protecting individual privacy and using personal health information for legitimate reasons. This becomes increasingly important as we move forward with the development of integrated Electronic Health Records to better manage an individual�s health care."

Specifically, the Personal Health Information Act identifies the manner in which health information can be collected and by whom; how health information can be used within an organization; how health information should be protected by an organization; to whom it can be disclosed and under what circumstances; how an individual can access their personal health information; and how decisions and appeals are reviewed and dealt with when an individual has a compliant.

As well, the Act incorporates a new concept of a �lock box� which allows an individual to determine which health professionals can access his/her health record.

"Legislation to protect personal health information is the first step in a process to enhance the accountability that comes with managing personal health information," said Minister Wiseman. "As additional measures, the new legislation will generate enhanced training and education initiatives, new operational standards and new security protocols, audits and risk assessments within our health and community services system."

Under the Act, custodians of personal health information will be required to protect the confidentiality of personal health information; restrict access to personal health information so that the information is only used for the purpose it was collected or otherwise allowed by law; and ensure that all persons who have access to personal health information take an oath or affirmation of confidentiality.

The legislation applies to custodians of health records including the Department of Health and Community Services, the regional health authorities and the Newfoundland and Labrador Centre for Health Information, as well as physician offices, pharmacies, and various other health care providers in both public and private sectors such as dieticians, physiotherapists and dentists.

Individuals can report concerns about the handling of personal health information to the Information and Privacy Commissioner and will be protected in doing so.

While the provincial legislation, Access to Information and Protection of Privacy Act (ATIPPA) applies only to public bodies and the federal legislation, Personal Information Protection Electronic Documents Act (PIPEDA) applies only to the private sector, the Personal Health Information Act will apply to both sectors specifically for health information.

In conjunction with the Newfoundland and Labrador Centre for Health Information, the Provincial Government engaged over 420 individuals and stakeholder groups through 17 province-wide consultations into the development of the Act in 2007. As well, the legislation was constructed with technical input from national and provincial experts in the field of privacy such as the privacy commissioners of Canada, Ontario and Newfoundland and Labrador.

The legislation is targeted for proclamation in 18 months to ensure opportunity for education and awareness of the new legislative requirements within the health and community services system and the general public.

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Media contact:
Glenda Power
Director of Communications
Department of Health and Community Services
709-729-1377, 685-1741
glendapower@gov.nl.ca