HIPAA - Canada's Equivalent?

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Is there any implication of HIPAA for Canadian companies directly

involved in health insurance especially insurance companies, clinics

and drug stores?

Is there legislation in Canada similar to HIPAA? If yes, where can I

get complete information on it?

QUESTION POSED ON: 06 FEB 2003

QUESTION ANSWERED BY:

<http://expertanswercenter.techtarget.com/eac/knowledgebaseAnswer//eac/knowledge\

baseExpertBio/0,295210,sid63_gci980173,00.html>

Beaver

HIPAA would apply to Canadian organizations that do business in the

U.S. or interact with the U.S. Centers for Medicare and Medicaid

Services or other U.S. covered entities. I would recommend getting

legal counsel in this area as well as to find out what other similar

laws Canada has before proceeding any further. In the meantime, you

can <http://www.privcom.gc.ca/legislation/02_06_01_01_e.asp>check out

this Web site on the Personal Information Protection and Electronic

Documents Act in Canada that has HIPAA-like personal information

protection requirements.

Many thanks to Herold with DelCreo, Inc. for her assistance

on this question.

********************************************************************************\

********************************

this is the page they reference above, partially pasted below the

link (it's a long page):

http://www.privcom.gc.ca/legislation/02_06_01_01_e.asp

Second Session, Thirty-sixth Parliament,

48-49 II, 1999-2000

STATUTES OF CANADA 2000

CHAPTER 5

An Act to support and promote electronic commerce by protecting

personal information that is collected, used or disclosed in certain

circumstances, by providing for the use of electronic means to

communicate or record information or transactions and by amending the

Canada Evidence Act, the Statutory Instruments Act and the Statute

Revision Act.

----------

BILL C-6

ASSENTED TO 13th APRIL, 2000

----------

RECOMMENDATION

His Excellency the Governor General recommends to the House of

Commons the appropriation of public revenue under the circumstances,

in the manner and for the purposes set out in a measure entitled " An

Act to support and promote electronic commerce by protecting personal

information that is collected, used or disclosed in certain

circumstances, by providing for the use of electronic means to

communicate or record information or transactions and by amending the

Canada Evidence Act, the Statutory Instruments Act and the Statute

Revision Act " .

SUMMARY

Part 1 of this enactment establishes a right to the protection of

personal information collected, used or disclosed in the course of

commercial activities, in connection with the operation of a federal

work, undertaking or business or interprovincially or internationally.

It establishes the following principles to govern the collection, use

and disclosure of personal information: accountability, identifying

the purposes for the collection of personal information, obtaining

consent, limiting collection, limiting use, disclosure and retention,

ensuring accuracy, providing adequate security, making information

management policies readily available, providing individuals with

access to information about themselves, and giving individuals a

right to challenge an organization's compliance with these principles.

It further provides for the Privacy Commissioner to receive

complaints concerning contraventions of the principles, conduct

investigations and attempt to resolve such complaints. Unresolved

disputes relating to certain matters can be taken to the Federal

Court for resolution.

Part 2 sets out the legislative scheme by which requirements in

federal statutes and regulations that contemplate the use of paper or

do not expressly permit the use of electronic technology may be

administered or complied with in the electronic environment. It

grants authority to the appropriate authorities to make regulations

about how those requirements may be satisfied using electronic means.

Part 2 also describes the characteristics of secure electronic

signatures and grants authority to make regulations prescribing

technologies or processes for the purpose of the definition " secure

electronic signature " .

Part 3 amends the Canada Evidence Act to facilitate the admissibility

of electronic documents, to establish evidentiary presumptions

related to secure electronic signatures, and to provide for the

recognition as evidence of notices, acts and other documents

published electronically by the Queen's Printer.

Part 4 amends the Statutory Instruments Act to authorize the

publication of the Canada Gazette by electronic means.

Part 5 amends the Statute Revision Act to authorize the publication

and distribution of an electronic version of the Consolidated

Statutes and Regulations of Canada.

----------

top of page

table OF PROVISIONS

AN ACT TO SUPPORT AND PROMOTE ELECTRONIC COMMERCE BY PROTECTING

PERSONAL INFORMATION THAT IS COLLECTED, USED OR DISCLOSED IN CERTAIN

CIRCUMSTANCES, BY PROVIDING FOR THE USE OF ELECTRONIC MEANS TO

COMMUNICATE OR RECORD INFORMATION OR TRANSACTIONS AND BY AMENDING THE

CANADA EVIDENCE ACT, THE STATUTORY INSTRUMENTS ACT AND THE STATUTE

REVISION ACT

SHORT TITLE

1. Personal Information Protection and Electronic Documents Act

**************To continue, click on link.

[Guest guest]

Kori, you crack me up. I was just about to go looking for the same

information you posted, but I'm glad I read all the posts first!

>

>

http://expertanswercenter.techtarget.com/eac/knowledgebaseAnswer/0,295

199,sid63_gci980173,00.html

>

> Expert Knowledgebase - Sponsored by IBM

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/knowledgebase/0,295196,sid63,00.html>EXPERT

> KNOWLEDGEBASE HOME <http://rss.techtarget.com/0.xml>

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<http://expertanswercenter.techtarget.com/eac/knowledgebaseAnswer//rss

Landing/0,295701,sid63,00.html>RSS

> INFO

>

> Is there any implication of HIPAA for Canadian companies directly

> involved in health insurance especially insurance companies,

clinics

> and drug stores?

>

> Is there legislation in Canada similar to HIPAA? If yes, where can

I

> get complete information on it?

> QUESTION POSED ON: 06 FEB 2003

> QUESTION ANSWERED BY:

>

<http://expertanswercenter.techtarget.com/eac/knowledgebaseAnswer//eac

/knowledgebaseExpertBio/0,295210,sid63_gci980173,00.html>

> Beaver

>

> HIPAA would apply to Canadian organizations that do business in the

> U.S. or interact with the U.S. Centers for Medicare and Medicaid

> Services or other U.S. covered entities. I would recommend getting

> legal counsel in this area as well as to find out what other

similar

> laws Canada has before proceeding any further. In the meantime, you

> can <http://www.privcom.gc.ca/legislation/02_06_01_01_e.asp>check

out

> this Web site on the Personal Information Protection and Electronic

> Documents Act in Canada that has HIPAA-like personal information

> protection requirements.

>

> Many thanks to Herold with DelCreo, Inc. for her assistance

> on this question.

>

>

**********************************************************************

******************************************

> this is the page they reference above, partially pasted below the

> link (it's a long page):

>

> http://www.privcom.gc.ca/legislation/02_06_01_01_e.asp

>

>

>

> Second Session, Thirty-sixth Parliament,

> 48-49 II, 1999-2000

>

>

>

> STATUTES OF CANADA 2000

>

>

> CHAPTER 5

>

> An Act to support and promote electronic commerce by protecting

> personal information that is collected, used or disclosed in

certain

> circumstances, by providing for the use of electronic means to

> communicate or record information or transactions and by amending

the

> Canada Evidence Act, the Statutory Instruments Act and the Statute

> Revision Act.

>

> ----------

>

>

>

> BILL C-6

>

>

> ASSENTED TO 13th APRIL, 2000

>

>

> ----------

>

>

>

> RECOMMENDATION

>

> His Excellency the Governor General recommends to the House of

> Commons the appropriation of public revenue under the

circumstances,

> in the manner and for the purposes set out in a measure

entitled " An

> Act to support and promote electronic commerce by protecting

personal

> information that is collected, used or disclosed in certain

> circumstances, by providing for the use of electronic means to

> communicate or record information or transactions and by amending

the

> Canada Evidence Act, the Statutory Instruments Act and the Statute

> Revision Act " .

>

>

>

> SUMMARY

>

> Part 1 of this enactment establishes a right to the protection of

> personal information collected, used or disclosed in the course of

> commercial activities, in connection with the operation of a

federal

> work, undertaking or business or interprovincially or

internationally.

>

> It establishes the following principles to govern the collection,

use

> and disclosure of personal information: accountability, identifying

> the purposes for the collection of personal information, obtaining

> consent, limiting collection, limiting use, disclosure and

retention,

> ensuring accuracy, providing adequate security, making information

> management policies readily available, providing individuals with

> access to information about themselves, and giving individuals a

> right to challenge an organization's compliance with these

principles.

>

> It further provides for the Privacy Commissioner to receive

> complaints concerning contraventions of the principles, conduct

> investigations and attempt to resolve such complaints. Unresolved

> disputes relating to certain matters can be taken to the Federal

> Court for resolution.

>

> Part 2 sets out the legislative scheme by which requirements in

> federal statutes and regulations that contemplate the use of paper

or

> do not expressly permit the use of electronic technology may be

> administered or complied with in the electronic environment. It

> grants authority to the appropriate authorities to make regulations

> about how those requirements may be satisfied using electronic

means.

>

> Part 2 also describes the characteristics of secure electronic

> signatures and grants authority to make regulations prescribing

> technologies or processes for the purpose of the definition " secure

> electronic signature " .

>

> Part 3 amends the Canada Evidence Act to facilitate the

admissibility

> of electronic documents, to establish evidentiary presumptions

> related to secure electronic signatures, and to provide for the

> recognition as evidence of notices, acts and other documents

> published electronically by the Queen's Printer.

>

> Part 4 amends the Statutory Instruments Act to authorize the

> publication of the Canada Gazette by electronic means.

>

> Part 5 amends the Statute Revision Act to authorize the publication

> and distribution of an electronic version of the Consolidated

> Statutes and Regulations of Canada.

>

> ----------

>

> top of page

>

>

> table OF PROVISIONS

>

> AN ACT TO SUPPORT AND PROMOTE ELECTRONIC COMMERCE BY PROTECTING

> PERSONAL INFORMATION THAT IS COLLECTED, USED OR DISCLOSED IN

CERTAIN

> CIRCUMSTANCES, BY PROVIDING FOR THE USE OF ELECTRONIC MEANS TO

> COMMUNICATE OR RECORD INFORMATION OR TRANSACTIONS AND BY AMENDING

THE

> CANADA EVIDENCE ACT, THE STATUTORY INSTRUMENTS ACT AND THE STATUTE

> REVISION ACT

>

>

>

> SHORT TITLE

>

> 1. Personal Information Protection and Electronic Documents Act

>

>

> **************To continue, click on link.

>

>