Volume II

Issue : 21: November 4, 2004

• U.S. and Antigua Break Off Settlement Talks in Internet Gambling Dispute
• New U.S. Federal Appeals Court Ruling on DMCA and Printer Cartridge Chips
• Report Concludes Cease and Desist Letters Under DMCA Abused
• Employers Collection of Biometric Information Not Contravention of PIPEDA
• Ontario Court Decision Shows Potential Problems with Enforcing Non-Solicitation Covenants
• UK Courts Address Jurisdiction in Internet Libel Cases
• Austrian Supreme Court Awards Costs in ICANN UDRP Case
• Ontario Enacts New Health Privacy Legislation
• North Carolina Man Sentenced to Nine Years for Sending Spam

Home > Volume II > Issue 21: November 4, 2004 > Ontario Enacts New Health Privacy Legislation

Ontario Enacts New Health Privacy Legislation

The Personal Health Information Protection Act, S.O. 2004 c. 3 ("PHIPA") of Ontario is new privacy legislation which came into force on November 1, 2004 and is specific to health information.

The purpose of PHIPA is to create a consistent approach to protect personal health information across the health care system in Ontario by establishing a set of rules to govern the manner in which personal health information may be collected, used or disclosed within the health care system. Under the framework of PHIPA, health care professionals will be able to access and use health information as necessary in order to deliver health care services.

PHIPA also provides for a channel of complaint and a means for redressing violations of privacy rights relating to personal health information through Ontario's Information and Privacy Commissioner ("IPC"). PHIPA generally requires health information custodians to obtain consent before they collect, use or disclose personal health information, and confirms patients' rights to access and require the correction or amendment of their own health information.

For a copy of the Personal Health Information Protection Act, visit:

http://www.e-laws.gov.on.ca/DBLaws/Statutes/English/04p03_e.htm

For a Guide to the Personal Health Information Protection Act, visit:

http://www.ipc.on.ca/scripts/index_.asp?action=31&N_ID=1&P_ID=15447&U_ID=0

For Frequently Asked Questions about the Personal Health Information Protection Act, visit:

http://www.ipc.on.ca/scripts/index_.asp?action=31&P_ID=15371&N_ID=1&U_ID=0