Tuesday, January 25, 2005

MedicalPost.com: OPED: A reminder of responsibilities on safeguarding health info

Today's edition of the Medical Post contains an OP-ED piece by Ken Pole, reminding physicians of their obligations under new privacy laws:
MedicalPost.com: OPED: A reminder of responsibilities on safeguarding health info:

"...Then there's the fact that if health-care consumers have a grievance about improper use of personal information, it's up to them to initiate legal action. There's nothing in PIPEDA that provides for penalties or damages, and since it is Federal Court of Canada jurisdiction, up-front legal costs quickly become horrendous.

I'm not a fan of litigation but sometimes it's unavoidable, even necessary, to make an example. If a physician or institution breaks the law, the only current punishment is public embarrassment. Perhaps a substantial fine, including damages to the complainant, would wake everyone up.

So, if you still needed it, consider yourself rapped between the ears. And now that you're paying attention, check out the Privacy Commissioner's Web site for a general guide at http://privcom.gc.ca/ information/guide_e.asp as well as information developed specifically for the health sector."

Personally, I'd recommend the Physician's Privacy Manual, which I wrote and that can be purchased from National Privacy Services at 1-877-PRIVLAW.

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