Which Privacy Laws and Regulations Govern the Use of EMRs in Canada?
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There are a number of privacy and security concerns associated with electronic medical records, particularly with respect to the storage and handling of sensitive medical information. To ensure the privacy and security of patient information, a number of regulatory and legal frameworks have been established in Canada to govern the use of electronic medical records (EMRs).
The vast amount of personal and medical data stored in EMRs make them prime targets for cyber attacks, thefts, and breaches. For example, a patient's medical records include information such as the name, address, Social Insurance number, test results, and treatment plan, prescription and diagnosis stored in the EMR.
To protect this sensitive information, several laws and regulations have been put in place in Canada. We have the Personal Information Protection and Electronic Documents Act (PIPEDA) as Canada’s biggest privacy law on a federal level. It sets the rules for how organizations must handle personal information during commercial activities.
In the healthcare sector, the Personal Health Information Protection Act (PHIPA) applies in Ontario as a provincial law. There are specific requirements for protecting personal health information under this act. Under the Act, healthcare providers must obtain patient consent before collecting, using, or disclosing personal health information.
Here is a brief overview of both privacy acts and how they apply to the use of electronic medical records in Canada and Ontario.
PIPEDA
The Personal Information Protection and Electronic Documents Act (PIPEDA) is a federal privacy law in Canada that sets rules for the collection, use, and disclosure of personal information during commercial activities. It applies to private sector organizations across Canada, including those involved in healthcare.
Under PIPEDA, personal information must be collected, used, and disclosed with the knowledge and consent of the individual, and organizations must ensure the protection of personal information through appropriate security measures. The act also gives individuals the right to access and request correction of their personal information held by organizations.
