Hostname: page-component-586b7cd67f-dlnhk Total loading time: 0 Render date: 2024-11-30T15:09:09.040Z Has data issue: false hasContentIssue false

Privacy and Confidentiality Practices for Research with Health Information in Canada

Published online by Cambridge University Press:  01 January 2021

Extract

Health information by its nature is personal and sensitive. At the same time, significant public value has resulted from research with health records about determinants of health and effective provision of health services. In Canada, certain legislation and processes have been established to balance the individual's right to privacy and the public good associated with analysis of health information.

My purpose is to describe privacy and confidentiality practices in Canada with respect to access to health data for research purposes. I provide an overview of the Canadian health care system and the legislative framework used to regulate research related to health information and Canada's major national data bases. Then I describe the confidentiality and privacy policies and procedures of Statistics Canada, of the Canadian Institute for Health Information (CIHI), and of health policy research organizations in three provinces. I conclude with comments on some current issues in health information in Canada.

Type
Article
Copyright
Copyright © American Society of Law, Medicine and Ethics 1997

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Internal memorandum of the Policy and Consultation Branch, Health Canada, Canada's Health System (Aug. 1996) (on file with author).Google Scholar
Canada Health Act, R.S.C., ch. C-6 (1985) (Can.).Google Scholar
National Forum on Health, Canada Health Action: Building on the Legacy. The Final Report of the National Forum on Health (Ottawa: Minister of Public Works and Government Services, 1997).Google Scholar
Statistics Act, R.S.C., ch. S-19 (1985) (Can.).Google Scholar
Privacy Act, R.S.C., ch. P-21 (1985) (Can.).Google Scholar
Canadian Institute for Health Information, Legislation Protecting Personal Health Information in Canada and Overseas (Ottawa: Canadian Institute for Health Information, 1995).Google Scholar
Privacy Act, R.S.C., ch. P-21, at § 8(2) (1985) (Can.).Google Scholar
An Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information, R.S.Q., ch. A-2.1 (1993) (Que.); and An Act Respecting the Protection of Personal Information in the Private Sector, R.S.Q., ch. 17 (1993) (Que).Google Scholar
Freedom of Information and Protection of Privacy Act, S.B.C., ch. 61 (1992) (B.C.).Google Scholar
Freedom of Information and Protection of Privacy Act, S.A., ch. F-18.5 (1994) (Alta.).Google Scholar
Freedom of Information and Protection of Privacy Act, S.S., ch. F-22.01 (1990–91) (Sask.).Google Scholar
Freedom of Information and Protection of Privacy Act, R.S.O., ch. F-31 (1990) (Ont.).Google Scholar
Freedom of Information and Protection of Privacy Act, S.N.S., ch. 5 (1993) (N.S.).Google Scholar
Access to Information and Protection of Privacy Act, S.N.W.T., ch. 20 (1994) (N.W.T.).Google Scholar
Access to Information and Protection of Privacy Act, S.Y., ch. 1 (1995) (Yukon).Google Scholar
Freedom of Information and Protection of Privacy Act, R.S.M., ch. 50 (1997) (Man.); and Personal Health Information Act, R.S.M., ch. 51 (1997) (Man.).Google Scholar
The Privacy Act, R.S.B.C., ch. 336 (1979) (B.C.).Google Scholar
The Privacy Act, R.S.S., ch. P-24 (1978) (Sask.).Google Scholar
The Privacy Act, R.S.M., ch. P-125 (1987) (Man.).Google Scholar
The Privacy Act, Nfld.R.S., ch. P-22 (1980) (Nfld.).Google Scholar
See, for example, Public Hospitals Act, R.S.O., ch. P-40, reg. 965, § 22 (1990) (Ont.).Google Scholar
See, for example, Health Disciplines Act, R.S.O., ch. 4 (1990) (Ont.).Google Scholar
National Population Health Survey, Statistics Canada, Special Tabulations (Ottawa: Statistics Canada, 1997).Google Scholar
Statistics Canada Policy Manual, Policies on Microdata Release, Record Linkage and Discretionary Release (Ottawa: Statistics Canada, 1997).Google Scholar
Statistics Canada, User Documentation for Public Use Microdata File on Individuals (CD-ROM) (Ottawa: Supply and Services Canada, 1994); and Census of Canada (1991).Google Scholar
See Statistics Canada Policy Manual, supra note 24.Google Scholar
National Health Information Council, Health Information for Canada Report of the National Task Force on Health Information (Ottawa, 1991).Google Scholar
Waterhouse, Price, External Review of the Canadian Institute for Health Information, Executive Summary (Ottawa: Price Waterhouse, May 1997).Google Scholar
Canadian Institute for Health Information, Privacy and Confidentiality of Health Information at CIHI (Ottawa: Canadian Institute for Health Information, 1995).Google Scholar
Canadian Standards Association, Model Code for the Protection of Personal Information (Etobicoke: Canadian Standards Association, CAN/CSA-Q830-96, Mar. 1996).Google Scholar
Canadian Organization for the Advancement of Computers in Health (COACH), Security and Privacy Guidelines for Health Information Systems (Edmonton: COACH, 1995).Google Scholar
British Columbia Ministry of Health and Centre for Health Services and Policy Research, University of British Columbia, Access Policy for Research Uses of Health Data (Victoria: Apr. 1996) (on file with author).Google Scholar
At this time, there is no mechanism to collect the latter types of information at the national level from provincial data bases. Part of CIHI's task is to identify information needs at a national level and to develop standards for data collection so that national data bases can be established beyond what presently exists.Google Scholar
Freedom of Information and Protection of Privacy Act, S.B.C., ch. 61 (1992) (B.C.).Google Scholar
Personal communication with Charles Burchill, Manitoba Centre for Health Policy and Evaluation, Winnipeg (Apr. 1997).Google Scholar
Personal communication with Ivan Williams, J., Deputy Director of Research, Institute for Clinical Evaluative Sciences, Toronto (Apr. 1997).Google Scholar
Information Highway Advisory Committee, Connection, Community, Content, The Challenge of the Information Highway (Ottawa: Supply and Services, 1995).Google Scholar
National Forum on Health, supra note 3, at 28.Google Scholar