A Guide to Compliance with Privacy Legislation
Physicians traditionally have been cognizant of the duty to maintain
patient confidentiality and to create complete and accurate medical
records. New legislation imposes some external controls to ensure
that personal information is managed appropriately. The SMA and
the College of Physicians and Surgeons of Saskatchewan recommend
that all physicians familiarize themselves and their staff with
their responsibilities to maintain medical records in compliance
with emerging legislation governing personal privacy and freedom
of information.
At the federal level, the Personal Information Protection and
Electronic Documents Act (PIPEDA) began to apply to health information
on January 1, 2004. In Saskatchewan, the Health Information Protection
Act (HIPA) was proclaimed in September 2003, and governs the collection,
use and disclosure of personal health information. There has not
been a final determination whether HIPA will be considered “substantially
similar” legislation and therefore supercede the requirements
of PIPEDA. This document focuses on the requirements of HIPA which,
in the opinion of the College of Physicians and Surgeons and the
SMA, is more appropriate legislation for the health sector.
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