Dispelling myths on health privacy; The problem with protecting health privacy

Re: The problem with protecting health privacy, Opinion, Jan. 23

As privacy commissioner, I am responsible for overseeing the Personal Health Information Protection Act (PHIPA). I want to dispel the myth that PHIPA requires health-care providers to obtain express consent to share information with each other to provide care for their patients. Consent may be implied unless the individual explicitly states otherwise. The suggestion that consent can only be implied where “it is not reasonably possible to obtain the individual’s consent in a timely manner,” is emphatically not the case.

Health-care providers need not take a “defensive approach.” One of the stated purposes of PHIPA is to protect the privacy of individuals, “while facilitating the effective provision of health care.”

Contrary to this opinion piece, pharmacists are permitted to advise specialists about drug interactions; specialists are permitted to send reports to referring physicians; Community Care Access Centres are permitted to provide test results to referring physicians to facilitate treatment of an individual, unless the individual explicitly states otherwise. There are also several circumstances when information may be shared with family members.

Health-care providers are encouraged to read our papers, “Circle of Care: Sharing Personal Health Information for Health-Care Purposes” and “Dispelling the Myths Under the PHIPA,” available at www.ipc.on.ca, published in conjunction with key health sector stakeholders. Let’s get this right.

Ann Cavoukian, Information and Privacy Commissioner of Ontario

From the Toronto Star. January 24, 2013.