Privacy and Health Information Act Flashcards

1
Q

Health Information
- Disclosing

A

Needs consent

Exceptions:
- To another custodian for proper use of health information (Section 27)
- Sometimes family members
- Quality Assurance
- Court

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2
Q

Health Information Act

A

Provincial

How Custodians and Affiliates collect and disclose health information
- AHS
- Employee/Contractors of AHS

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3
Q

Health Information

A

Diagnostic Information
- Heath service, amount paid for service
Registration Information
- Demographic, Billing, Location

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4
Q

Health Information
- Collecting

A

Have to be directly provided by individual

Some exceptions:
- Authorized by another enactment
- Necessary to carry out a purpose

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5
Q

Health Information
- Uses

A
  • Providing Health Services (Preventing disease, Diagnosing)
  • Determining Eligibility
  • Conducting Investigations
  • Quality Assurance
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6
Q

Freedom of Information and Protection of Privacy Act

A

Public Provincial

How Public bodies collect and disclose personal information

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7
Q

FOIPPA
- Collecting Information

A

Provincial Public

Can only collect personal information if:
- Authorized by legislation
- Law enforcement
- Necessary for action of public body

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8
Q

PIPA
- Collecting Information

A

Provincial Private

Can only collect personal information if:
- Consent is given by individual
- No consent in specific cases

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9
Q

Health Information
- Correction

A

Individual can request a correction if they believe an error has been made or info has been omitted
- Has to be responded to within 30 days

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10
Q

Who is notified when a breach occurs

A
  • Office of the Information and Privacy Commissioner
  • Privacy Commissioner
  • Minister
  • Individual’s whose information was leaked
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11
Q

Personal Information

A

Any information that can be used to identify an individual
- Name
- Sex
- Race

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12
Q

Personal Information Protection and Electronic Documents Act

A

Private Federal

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13
Q

Affiliates

A

Ones hired or contracted by the Custodians
- IT Workers
- Employees
- Volunteers

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14
Q

Personal Information Protection Act

A

Private Provincial

How Private bodies collect and disclose personal information

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15
Q

When do breaches have to be reported

A

Reasonable person would consider there to be a risk of harm to individuals whose information was breached

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16
Q

Privacy Torts

A

Intrusion Upon Seclusion
- Unrecognized in Alberta
Public disclosure of private facts
- Recognized in Alberta

17
Q

Privacy Act and Access to Information Act

A

Public Federal

18
Q

Intrusion upon Seclusion

A
  • Intentional Act
  • Done without lawful justification
  • Reasonable person would see the actions as highly offensive, causing distress, humiliation, anguish

Not yet recognized in Alberta

19
Q

Custodians

A

Ones with the custody of health information
- Regional Health Authorities
- Ambulance Operators
- Nursing Home Operators
- Regulated Professionals

20
Q

Health Information
- Access

A

Individual can request access for their own information
- Has to be responded to within 30 days

Can disregard if frivolous, vexatious, abuse of rights to make request