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Charges laid under the Health Information Act

Posted on October 31, 2012 by Jean Eaton in Blog

A self-reported breach by an individual to the Office of the Information and Privacy Commissioner resulted in an offence investigation being opened into suspicious access to health information. The completed investigation, after being referred to Crown prosecutors at Alberta Justice, led to thirty-one charges under the Health Information Act being laid for improperly accessing other individuals’ health information. Another charge was laid for inappropriate use of health information, another for inappropriate disclosure of health information, and one more charge for knowingly falsifying a record. In addition to these thirty-four charges under the Health Information Act, six charges were also laid under the Criminal Code.

The Calgary Herald reports that Brian Hamilton, OIPC Director for the Health Information Act, would only confirm the accused is not a doctor or other medical professional. The matter will be heard in Airdrie Provincial Court on Thursday, October 18, 2012.

The Edmonton Journal also reported that, in addition to the charges under the Health Information Act, the accused may face up to six Criminal Code charges.

Each organization has a responsibility to ensure that their employees (affiliates) receive education and training in their roles and responsibilities under the HIA. Information Managers can help you by providing training on-site and now by webinar. Click here for more information.

For more information, see:
the OIPC Website (http://www.oipc.ab.ca/Content_Files/Files/News/NR_Oct_2012.pdf)

http://www.calgaryherald.com/health/Charges+laid+improper+access+health+files/7400003/story.html

http://www.edmontonjournal.com/health/Alberta+Justice+lays+charges+improperly+accessing+health+information/7399425/story.html

access, Alberta, complaint, disclosure log, Health Information Act, HIA, improperly accessing health information, OIPC, privacy, privacy breach, training

Calgary pharmacy found in violation of patient privacy rules

Posted on October 31, 2012 by Jean Eaton in Blog

Remember the Privacy Principles – least amount of information, on a need to know basis? This recent investigation report from the OIPC reminds us to review our practices to collect information from patients to ensure that we are meeting our best practice standards.

An investigation into a southwest Calgary Co-op pharmacy has found its practice of collecting information on the immune status of an individual when they seek administration of an injection contravenes the Health Information Act.

A patient of the pharmacy contacted the privacy commissioner in April 2012 after he was presented with a form that asked if he had a condition that affects the immune system when he went to the Co-op Shawnessy Centre Pharmacy to receive a vitamin B12 injection.

The patient feared being stigmatized due to an immune disorder that he suffered from, and felt that the amount of information being demanded was excessive. He filed a complaint after being refused treatment without providing the information.

The Health Information Act specifies that custodians must only collect the most limited amount of health information to carry out an intended purpose.

For more information, see:
http://www.calgaryherald.com/health/Calgary+Pharmacy+found+violation+patient+privacy+rules/7346243/story.html

complaint, Health Information Act, HIA, OIPC, privacy, privacy principles
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