Background Materials

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Privacy in the Health Care System: An Overview
A Guide to Compliance with Privacy Legislation
· Five Principles for Protecting Patient Information
· Checklist for Compliance with HIPA

Privacy in Saskatchewan Health Care: An Overview

Health information is one of the most sensitive forms of personal information. Health information is collected primarily for reasons connected with patient care. Health information may be used for a number of other reasons including financial reimbursement, medical education, research, social services, quality assurance, risk management, public health regulation, litigation, and commercial purposes.

Privacy is a major concern for physicians. The increased availability of patient records in electronic format has led to concerns about the potential misuse of personal information for purposes other than direct patient care. Without confidence that their privacy will be maintained, patients may refrain from disclosing critical information, may refuse to provide their consent to use personal health information for research purposes, or may simply not seek treatment.

A 1999 Canadian Medical Association (CMA) survey found that 11% of the public held back information from a health-care provider due to concerns about whom it would be shared with or what purposes it would be used for. Wrongful release of information to third parties also may result in harm to the patient. The Supreme Court of Canada has recognized that Section 7 of the Canadian Charter of Rights and Freedoms includes the right to be free of the psychological stress resulting from the unauthorized disclosure of one’s personal health information.

The Saskatchewan Health Information Protection Act was proclaimed in September 2003 and governs the collection, use and disclosure of personal health information in the province. The Act defines and places obligations on health information “trustees”, which include government, regional health authorities, health professionals including physicians and professional regulatory bodies. The HIPA applies to personal health information in any form, including both paper and electronic records.

Maintaining confidentiality is a fundamental responsibility of physicians, and is a central part of the doctor-patient relationship. The patient ultimately owns his or her personal health information.

Physicians act as accountable custodians of medical information they collect, protecting its disclosure through appropriate consent.

Both the SMA and the College consider HIPA a more workable solution for regulation of health information privacy than the federal private sector law, the Personal Information Protection and Electronic Documents Act (PIPEDA).

Both the SMA and the College support HIPA because it protects medical information without overburdening physicians by requiring express consent for direct patient care.

The SMA believes express consent, whether verbal or written, should not be required during the course of providing direct patient care or for administrative purposes that are connected with the provision of care to patients, such as billings. In such cases, implied consent is sufficient. Requiring patient consent during every patient encounter would pose a significant burden on physicians.

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