In a digital world with highly sophisticated emerging technologies, the need to protect personal information is an essential mandate for health care professionals. The right to privacy is a human right that seeks to protect the individual's identity and dignity. Its value should never be underestimated as a privacy breach could cause significant harm to an individual including bodily harm, humiliation, financial damage, reputational damage, loss of employment and identity theft.
For private sector regulated health professionals ("RHPs") in Ontario, protecting personal health information in relation to its collection, use, and disclosure is a focus of legal responsibility but also a source of confusion. Given the numerous and overlapping nature of Canadian privacy laws, it can be challenging for private sector RHPs to navigate their legal obligations.
In response to this challenge, this article serves specifically as a practical guide for allied health professionals who are governed as private sector RHPs in Ontario. Namely, this article will assist these allied health professionals to:
- Understand Canada's privacy law landscape.
- Determine how they are governed under Canadian privacy laws.
- Learn how to implement best practices for meeting their privacy law obligations.
This guide is most relevant for allied health professionals in Ontario seeking legal guidance that applies to single discipline, private practice environments. Allied health professionals who work in more nuanced or complicated environments (e.g. multi-disciplinary private practices/clinics, public organizations such as schools and hospitals, and organizations that facilitate or conduct independent medical evaluations) should seek specialized advice from a privacy lawyer with health law experience.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
