New Privacy Legislation Protects the
Personal Health Information of Individuals

The collection, use and disclosure of personal health information within the provincial health care system are now governed by the recently-proclaimed Personal Health Information Act. The new act provides a consistent approach to protecting personal health information in both the public and private sectors. The Honourable Jerome Kennedy, Minister of Health and Community Services, announced the launch of a public awareness campaign today to inform Newfoundlanders and Labradorians about the new legislation.

“We recognize that information relating to a person’s health is among the most sensitive of personal information,” said Minister Kennedy. “Our government is committed to putting the highest standards in place to ensure that the personal health information of individuals is kept confidential and secure while allowing for the effective delivery of health care services in the province.”

The Personal Health Information Act was introduced in the House of Assembly in 2008 and came into force on April 1, 2011. Personal health information includes any information about a person’s health or health care history such as diagnostic information collected by a physician, prescription information collected by a pharmacist and eyesight information collected by an optometrist.

As a result of the legislation, custodians of personal health information, which include health care professionals such as physicians and pharmacists, must:

• Collect only the information needed to provide the required health care service;
• Ensure that an individual’s personal health information is up-to-date and kept confidential and secure; and,
• Display a written summary of their information-handling practices and the name of a contact so that individuals can ask questions about their health records.

The Personal Health Information Act gives individuals the right to:

• Know what information custodians have about them in their records, who has access to those records and for what reason;
• Access a copy of or request a correction to a record containing their personal health information;
• Be informed about a custodian’s information policies, and be notified if their personal health information is stolen, lost or improperly accessed; and,
• Ask a custodian not to share their personal health information with other health care providers unless they have permission from the individual or the custodian is required by law to do so.

The Personal Health Information Act complements, and in some cases takes the place of, the provincial Access to Information and Protection of Privacy Act, which governs how public bodies in the province collect, use and disclose individuals’ information. The Personal Health Information Act is intended to have a similar impact on legislation that currently governs how health information is dealt with in the private sector.

“This law gives individuals greater control over how their personal health information is used in the delivery of health care services, and provides custodians with a flexible framework to access and use health care information as necessary in order to provide quality and timely health care,” said Minister Kennedy.

For further information about the Personal Health Information Act and to view the awareness material, please visit www.gov.nl.ca/health/phia. 

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Media contact:
Jennifer Tulk
Director of Communications
Department of Health and Community Services
709-729-1377, 699-6524
jennifertulk@gov.nl.ca 

2011 05 25             10:45 a.m.