QuestionQ17

Canadian Privacy Laws and Practices in the Public Sector

What is required under the “circle of care” concept in Canadian health-information privacy law?

  • A Health information custodians or trustees be specified only by applicable law or regulation
  • B An individual’s consent may be implied unless the individual has refused consent or if the purpose of the disclosure is not to provide health care.
  • C Notification to the individual be made in the event of a data breach of personal health information (PHI) by an organization that is based in Canada
  • D Consent must be expressed or implied when a custodian discloses personal health information (PHI) to another custodian for the purpose of providing health care.
Explanation

The circle of care permits eligible health information custodians to rely on an individual’s assumed implied consent for health-care-related collection, use, or disclosure of personal health information, unless the individual has withheld or withdrawn consent. A disclosure for a purpose other than providing health care cannot rely on that assumed implied-consent authority.

Learn more

Community Discussion

No comments yet. Be the first to start the discussion!