Who is the “health information custodian” when an institution with an educational mandate provides health care? PHIPA gives institutions choice. Here’s a presentation I gave yesterday in which I argue that the institution (and not its employed practitioners) should assume the role of the HIC. Also includes some simple content on the new PHIPA breach notification amendment.
On June 8th, the Office of the Saskatchewan Information and Privacy Commissioner issued an investigation report in which it held that a regional health authority responded appropriately to a privacy breach. Most notably, the OIPC reinforced a recommendation about notification included in its 2015 publication, Privacy Breach Guidelines. The recommendation:
Unless there is a compelling reason not to, [health information] trustees should always notify affected individuals.
This is a novel and conservative variation on the normal harms-related principle that guides notification. It is simply a recommendation – and one directed only at public agencies and health information trustees in Saskatchewan. It is notable nonetheless, however, in that it reflects an arguably developing public sector norm. Right or wrong, there is a unique pressure on public sector institutions to notify that should always be considered as part of a public sector institution’s careful response to a data handling incident.
Here’s a 10 minute presentation I gave to the firm yesterday that puts some trends in context and addresses recent breach notification amendments.
CORRECTION. I made a point in this presentation that the Bill 119 amendments to PHIPA remove a requirement to notify of unauthorized “access” – a positive add given the statute does not include a harms-related threshold for notification. Section 1(2) of the Bill, I have now noticed, amends the definition of “use” as follows: “The definition of ‘use’ in section 2 of the Act is amended by striking out ‘means to handle or deal with the information” and substituting ‘means to view, handle or otherwise deal with the information.’ The removal of “access” from the breach notification provision will therefore not invite a change.
Here’s a one hour private presentation my partner Jeff Goodman and I gave to a group of risk management professionals yesterday. I’d be happy to come to your organization and conduct a similar presentation if you’re interested. Please get in touch.