Newfoundland health privacy legislation found "substantially similar" to PIPEDA, exemption order issued

As of October 10, 2012, the Federal Cabinet issued the Personal Health Information Custodians in Newfoundland and Labrador Exemption Order, which has the effect of ceding jurisdiction under PIPEDA with respect to health information custodians under the Personal Health Information Act of Newfoundland and Labrador.

The Order reads:

SI/2012-72 October 10, 2012

PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT

Personal Health Information Custodians in Newfoundland and Labrador Exemption Order

P.C. 2012-1091 September 20, 2012

Whereas the Governor in Council is satisfied that the Personal Health Information Act, SNL 2008, c P-7.01, of Newfoundland and Labrador, which is substantially similar to Part 1 of the Personal Information Protection and Electronic Documents Act (see footnote a), applies to the personal health information custodians referred to in the annexed Order;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to paragraph 26(2)(b) of the Personal Information Protection and Electronic Documents Act (see footnote b), hereby makes the annexed Personal Health Information Custodians in Newfoundland and Labrador Exemption Order.

PERSONAL HEALTH INFORMATION CUSTODIANS IN NEWFOUNDLAND AND LABRADOR EXEMPTION ORDER

EXEMPTION

1. Any personal health information custodian to which the Personal Health Information Act, SNL 2008, c P-7.01, applies is exempt from the application of Part 1 of the Personal Information Protection and Electronic Documents Act in respect of the collection, use and disclosure of personal health information that occurs in Newfoundland and Labrador.

COMING INTO FORCE

2. This Order comes into force on the day on which it is registered.