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Health law

About this section

Use this page for leads to subject headings, secondary titles and legislation relevant to the health information issues.

Health information: confidentiality and access

Issues relating to the confidentiality and security of health information are relatively recent and growing. Some legislative oversight in confidentiality of health information exists. Some case law also addresses the issues.

This area is also the subject of recent legal literature. Use Library Search to search for articles using keywords, subject headings, cases and legislation noted on this page.

Selected secondary materials applicable to health information

Downie, chapter 6.

D. Willison, Use of data from the electronic health record for health research: current governance challenges and potential approaches (Ottawa: Privacy Commissioner, 2009).

CCH Canadian Limited, Canadian Health Facilities Law Guide (Toronto: CCH, 1997-), looseleaf, "Health Information," "Patients' Rights." Available online to registered users of the UVic Law School Program: KF3825 A6C36
 

Primary materials applicable to health information confidentiality and access

Canadian Charter of Rights and Freedoms, Part 1 of the Constitution Act 1982, being Schedule B to the Canada Act, 1982 (UK), 1982 c 11

Quebec Charter of human rights and freedoms, RSQ, c C-12

Personal Information Protection Act, SBC 2003, c 63 [Search Quickscribe or QPLegaleze for updates, history]

Personal Information Protection and Electronic Documents Act, SC 2000, c 5

Canadian Medical Association, CMA Code of Ethics (updated 2004) (pdf), via CMA

Canadian Nurses Association, Code of Ethics for Registered Nurses (pdf)

Halls v Mitchell, [1928] SCR 125 and some cases citing it.

A search of CanLII limited to the Supreme Court of Canada using a query like medical health information (access OR confidentiality) - will search for all of the first three words plus either of the latter two. Look for cases from lower courts citing some of these SCC cases.

 

Selected library catalogue subject classifications

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