February 09, 2004
The Manitoba government is looking for public input on two laws—the Personal Health Information Act (PHIA) and the Freedom of Information and Protection of Privacy Act (FIPPA)—that protect personal information, including personal health information, and define rights of access to records.
Culture, Heritage and Tourism Minister Eric Robinson and Healthy Living Minister Jim Rondeau released discussion papers today about the existing laws. Public hearings, co-chaired by Rondeau and Fort Garry MLA Kerri Irvin-Ross for Manitoba Culture Heritage and Tourism will be held throughout the province this spring.
"PHIA protects personal health information," said Rondeau. "It’s important that this legislation continue to serve Manitobans and meet the needs of patients and health care professionals. The input of Manitobans will help ensure that Manitoba’s health information legislation continues to serve as a model throughout Canada."
PHIA was passed in 1997 to protect personal health information and applies to health care providers, institutions such as hospitals, and public bodies such as provincial and municipal government departments. FIPPA replaced the Freedom of Information Act in 1998. The act strengthened privacy provisions and extended the legislation to include other public bodies such as municipalities and school divisions.
"FIPPA balances the right to access information about government activities and the need to respect and protect personal privacy rights," said Robinson. "New technology offers governments and other organizations many opportunities to improve services. We need to hear how Manitobans feel about questions of access and privacy as technology presents us with both opportunities and challenges."
The PHIA discussion paper notes specific issues where public input is being sought including: disclosing hospital patient listings to community clergy and religious visitors, providing personal health information to law enforcement agencies, and information that is provided to family members dealing with a sick parent, child or relative. Other issues include consenting to share information, collecting family histories and gathering information that helps the health care system operate effectively.
The FIPPA discussion paper looks at issues such as how exceptions to access are used, handling broad or numerous requests on one subject area, protecting privacy while providing "one-stop" online services, and how the legislation has affected other public bodies outside of the provincial government.
The ministers noted that along with the identified issues, all ideas and comments related to both pieces of legislation are welcome, as well as other privacy of information concerns.
The discussion documents are available online at http://www.gov.mb.ca/index.html. Written submissions are encouraged until April 2. Public hearings will be held this spring in Winnipeg, Thompson and Brandon. Dates and times are to be announced.
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