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Information & Ethics committee If I may, I think it has to do with the relationship that's generated. If you make the analogy to work product, it's not the general work product, in the federal Privacy Commissioner's decision, of how much tarragon a chef uses or how many shingles a roofer uses. It's actually, i
December 13th, 2006Committee meeting
Jean Nelson
Information & Ethics committee Sure. We can also share with the committee peer-reviewed articles that were published in the Canadian Medical Association Journal about physician prescribing practices and data, and what happens at the pharmacy level. Dr. Zoutman of Kingston has written many articles on this.
December 13th, 2006Committee meeting
Jean Nelson
Information & Ethics committee I'd just like to say that there was a Supreme Court case in 1992 in which it was decided that the physician owns the paper record but is actually a fiduciary agent or trustee for the information that belongs to the patient. In the case of a transfer of a physician's practice, tha
December 13th, 2006Committee meeting
Jean Nelson
Information & Ethics committee In Quebec it's the Commission d'accès à l'information. There's an actual formal request to have it. There's a process in place.
December 13th, 2006Committee meeting
Jean Nelson
Information & Ethics committee It's the commission that views the application to use professional information, as it's called. There is a process enshrined in law in Quebec to do that.
December 13th, 2006Committee meeting
Jean Nelson
Information & Ethics committee That's a recommendation that CMA would make to the committee.
December 13th, 2006Committee meeting
Jean Nelson
Information & Ethics committee I can tell you about a case where both the Federal Commission and the Alberta Commission were involved. A fax transmission was misdirected. The case was reported by the Federal Commission and we can therefore give you the file number. The work was shared because one legal aspect
December 13th, 2006Committee meeting
Jean Nelson
Information & Ethics committee According to our bylaws, it is a part of the Canadian Medical Association. However, these people have their own sphere of influence in terms of negotiations at the provincial level. We also maintain contact with the Quebec Federation of General Practitioners.
December 13th, 2006Committee meeting
Jean Nelson
Information & Ethics committee Ms. Lavallée, so I can understand correctly, are you talking about information on the health of patients or information—
December 13th, 2006Committee meeting
Jean Nelson
Information & Ethics committee I can answer on behalf of the CMA. We have a chapter called the Quebec Medical Association but our code of ethics applies throughout the country. Our chapter is working on creating posters and a guide for physicians to help them improve their practice as required. Indeed the pr
December 13th, 2006Committee meeting
Jean Nelson
Information & Ethics committee When PIPEDA was first put forth as a legislative proposal, CMA and other health care groups said, “Wait a minute, what about its application to health?” I think some of the response at the administrators' level from Industry Canada was, “What do you mean? It doesn't even apply to
December 13th, 2006Committee meeting
Jean Nelson
Information & Ethics committee I think the initial reaction was, “Where are you coming from with that?” We were doing this for trade and commerce to promote—so it didn't seem that it was something specific to health that was worthy of comment. As a caveat, I wasn't working at the association at that time. The
December 13th, 2006Committee meeting
Jean Nelson
Information & Ethics committee I would say yes, because that's why we have the PARTs guidelines, and that's where there has been all this effort to make sure the professions are actually working towards compliance with PIPEDA.
December 13th, 2006Committee meeting
Jean Nelson
Information & Ethics committee When PIPEDA was a bill in 1999-2000, that sort of moment, it didn't really apply to health or where you're coming from. But then in the fall of 2003, when, after that delay period, it was going to apply, the health care providers said to Health Canada and Industry Canada, “We're
December 13th, 2006Committee meeting
Jean Nelson
Information & Ethics committee I don't know if I should leap into the fray, given that my name has already been invoked as the poster child of jumbled legalese. What I would offer is that in the kit you received is the privacy poster that CMA worked together with our divisions on. It looks very specifically
December 13th, 2006Committee meeting
Jean Nelson