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Portions of E-Health (Personal Health Information Access and Protection of Privacy) Act in force

CLEBC Staff/ November 22, 2008

Parts of the E-Health (Personal Health Information Access and Protection of Privacy) Act (Bill 24), which regulates electronic personal health information, are in force November 7, 2008 pursuant to B.C. Reg. 314/2008.

The statute creates a framework to govern access to and privacy for electronic health information databases. It gives authorized health-care professionals secure access to patients’ information, but also allows individuals to block access to their own information from all health professionals unless the person is incapacitated in an emergency or gives consent. Fines of up to $200,000 can be levied for violations of the Act.

The provisions in force as of November 7, 2008 include:

sections 1 to 7, which set out definitions, permit the establishment or designation of health information banks, authorize the collection, use, and disclosure of personal health information, permit requests to health care bodies or prescribed persons for information containing personal health information, and allow for complaints to the Information and Privacy Commissioner regarding such requests;
sections 11 to 16, which provide for the appointment of a data stewardship committee (“DSC”) to manage the disclosure of information from health information banks or ministry databases and permit the DSC to make rules, policies and procedures, and disclose information for planning or research purposes;
sections 18 to 26, which require information-sharing agreements before personal health information is disclosed, prohibit disclosure of personal health information for market research purposes, protect the privacy of such information, provide protection for “whistle-blowers”, permit the minister to designate a database containing personal information of health service providers as a health information bank, set out offences and penalties, and permit regulations to be made;
section 31, which makes consequential amendments to the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165; and
Section 33, which makes a consequential amendment to the Health Act, R.S.B.C. 1996, c. 179.

Effective June 30, 2009 (B.C. Reg. 314/2008), sections 8 and 10 will come into force. These provisions authorize disclosure directives to be made, and provide that persons permitted to collect, use or disclose personal health information must not do so in a manner inconsistent with a disclosure directive.