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Goodmans Publications

Privacy Law & The Health Care Sector

October-27-2004

Area Corporate and Commercial, Health Care Law

Summary

Personal Health Information Protection Act To Take Effect On November 1, 2004

On November 1, 2004, two new pieces of legislation will establish a set of rules for the protection of personal health information ("PHI")in Ontario - the Personal Health Information Protection Act (the "Act") and the Quality of Care Information Protection Act. 

The Act will have application in the health care sector in Ontario and will augment the federal Personal Information Protection and Electronic Documents Act ("PIPEDA"), which  currently applies to the collection, use and disclosure of  all types of personal information in the course of private  sector commercial activity in Ontario. The Act establishes a comprehensive set of requirements for the collection, use  and disclosure of PHI within the health care sector.  

Some organizations, such as public hospitals, that were not subject to the requirements of PIPEDA will now find themselves subject to privacy legislation.

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