The provincial government has introduced new legislative amendments that would better protect the privacy of Manitobans by making it an offence for an employee to use or access personal health information without authorization or to falsify that information. This announcement was made by Health Minister Theresa Oswald.
“The Manitoba ombudsman made a recommendation to further strengthen the Personal Health Information Act and we are acting quickly to make these needed changes to ensure the privacy of Manitobans,” said Oswald. “Employees will have to ensure they have the proper authorization before accessing someone’s personal health information, better protecting people across the province.”
The minister noted that while the legislation already includes penalties for disclosing personal health information, the ombudsman recommended including penalties for the inappropriate use of health information records. The province is also introducing penalties for falsifying records similar to those in Nova Scotia, New Brunswick and Alberta.
“To ensure families are getting the best possible care, it’s important that health-care providers can access the information they need,” said Oswald. “These amendments will balance the information needs of health-care providers while ensuring a patient’s person and important information is protected.”
When passed, the amendments would allow individuals who wilfully look at another person’s personal health information without the appropriate authorization to be prosecuted, even if they do not disclose this information to anyone else.
The legislation would cover all types of personal health information including information stored in electronic health and medical records, the minister said.
“While electronic records improve patient care, privacy considerations are also key,” said Oswald. “By making these changes now, they will be in place as the use of electronic health and medical records increases throughout the system.”
Individuals can face a fine of up to $50,000 if convicted of an offence under the act.
