The Alberta Information and Privacy Commissioner recently confirmed that Alberta Health Services (AHS) breached the rights of one of its employees by intentionally using information from his addiction counselling against him during a human resources investigation. The breach of the employee’s personal health information clearly contravened the Health Information Act (HIA).
So what happened?
After receiving a referral from his psychiatrist, the complainant attended addiction counselling with AHS, which also happens to be his employer. He signed a consent form agreeing that the counsellor could contact the employee’s treating physician and collect information aimed at his treatment. Specifically, the consent stipulated that the information disclosed and collected was to allow AHS to provide him with continuous care, treatment planning and treatment services.
For more information, read my latest post on Slaw.
First Reference Inc. Human Resources and Compliance Managing Editor