Privacy
On May 8, 2007 the Information and Privacy Commissioner of Ontario, Dr. Ann Cavoukian, issued Health Order 004 regarding the encryption of personal health information on mobile devices. She emphasizes zero tolerance for unauthorized access to personal health informatin due to the theft or loss of a mobile computing device. Any sensitive data on these devices must be encrypted.
The federal government’s privacy legislation, the Personal
Information Protection and Electronic Documents Act (PIPEDA), has been applied
to federally regulated companies since January 2001. It was enacted into law in
Ontario on January 1, 2004 and applies equally to anyone who carries on
“commercial activities”. This includes the majority of opticians.
The Privacy Act provides ground rules for collection, use or disclosure of
personal information. It is recognized that every individual has the right to
the privacy of personal information. However, in carrying on their business,
organizations are allowed to collect, use and disclose personal information for
legitimate business purposes, while ensuring compliance with the Privacy Act’s
stringent rules.
To help Opticians understand PIPEDA obligations and how they can fulfill
responsibilities for collection, use and disclosure of personal information,
they may review Richard Steinecke’s document “What
Every Optician Needs to Know about Privacy Legislation”. This may assist in
determining whether opticians or the organization they work for is subject to
the PIPEDA. For more information, please see
www.sml-law.com .
The “Getting
Ready for Privacy Legislation part One” and "Getting
Ready for Ontario’s Privacy Legislation part Two" packages were developed by
all of Ontario’s health regulatory colleges for their members, as a guide to
help them comply with PIPEDA and PHIPA. In addition, Richard Steinecke’s “What
PHIPA Means for Practitioners” offers a more in-depth look at the specific
impact this privacy legislation has on those who work in the health care
industry. The Information and Privacy Commissioner of Ontario, Dr. Ann Cavoukian
has also prepared a power point presentation as an overview of the
Health Information Protection Act. Please note that these documents are not
intended to provide legal advice on PIPEDA or PHIPA, which can only be obtained
from your own legal counsel.
The privacy package is also available in hard copy upon request.
For more information on privacy, see the Federal Information and Privacy
Commissioner website.
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Members