Archive (Year: 2023)
Data Residency Outside Canada for Trustees
Trustees often ask our office about the use of an information management service provider (IMSP) to manage personal health information. Some want to know about using IMSPs linked to companies outside Canada. Once personal health information leaves Canada, it becomes subject to the laws of the country where it resides. If an individual’s personal health... read more
Who Signs for a Child? (updated)
When it comes to obtaining the personal information of a child under the age of 18 years, it is commonly accepted that a child cannot sign for themselves. So, who can sign for that child? The Children’s Law Act, 2020 sections 3 and 4 provides: The parents of a child are joint legal decision-makers with... read more
Absurd Results (updated)
From time to time, when interpreting and applying legislation, one can end up with a result that will be absurd. This can happen from time to time with The Freedom of Information and Protection of Privacy Act (FOIP), The Local Authority Freedom of Information and Protection of Privacy Act (LAFOIP) or The Health Information Protection Act (HIPA). These statutes are to... read more
Third parties under FOIP and LA FOIP (updated)
In other blogs I have talked about public bodies and third parties (businesses). If a public body is a city, town or municipality, legislation like section 91of The Cities Act or section 117 of The Municipalities Act requires the release of contracts, and The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) requires... read more