EDMONTON -- Alberta’s Information and Privacy Commissioner is raising red flags over proposed amendments to the Health Information Act in a new government bill.
Jill Clayton outlined her concerns about the proposed changes in a letter to Alberta Health Minister Tyler Shandro.
“I am responding to the November 5, 2020 introduction of the Health Statutes Amendment Act, 2020… that proposes several amendments to the Health Information Act (HIA), and in particular to the legal framework of the Alberta Electronic Health Record (Alberta Netcare, EHR or Netcare),” the letter reads in part.
If passed, Bill 46 would amend the HIA to allow the medical examiner’s office as well as out-of-province health service providers to access Albertans’ health records stored on the EHR.
The privacy commissioner is worried that new access goes too far.
Clayton’s letter to the health minister cites “potential jurisdictional challenges,” saying the expansion of Netcare access may limit the recourse available to Albertans.
“The proposed amendment appears to open the door for a health service provider in any part of Canada or beyond to also be granted access to Netcare to provide a health service to an Albertan,” her letter says.
The letter goes on to say: “Compensating controls must be implemented to mitigate risk to Albertans’ privacy and to provide for effective oversight.”
Clayton worries that the expanded use of health information made available in Netcare don’t go far enough with updated and enhanced controls, saying these measures must be put in place to “reasonably mitigate risk.”
The privacy commissioner also says the elimination of the privacy impact assessment (PIA) proposed in Bill 46 would significantly reduce transparency and accountability for certain information sharing initiatives.
“I am hopeful that the government will either make amendments to the bill or ideally pause deliberations to allow for further consultation on the implications these proposed amendments have for the protection of Albertans’ health information,” Clayton said in a news release.
Clayton added that she does support some amendments included in Bill 46, such as a change to the limitation period for offences, removing the “imminence test” for disclosing health information, and increasing accountability to researchers to comply with research agreements.
Shandro's spokesperson, Steve Buick, told CTV News the health ministry welcomes Clayton's review.
"We’re glad to see she supports some of the proposed amendments, and we’ll work with her to address her concerns about others," Buick wrote in an email.
"The department has already contacted the Commissioner to begin discussions with her, and Minister Shandro has written to her with a commitment to improve the consultation process and an offer to meet with her at an appropriate time."
