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Slaw: Using employee (patient) health information in human resources investigation

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.

Yosie Saint-Cyr
First Reference Inc. Human Resources and Compliance Managing Editor

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Marie-Yosie Saint-Cyr, LL.B. Managing Editor

Managing Editor at First Reference Inc.
Marie-Yosie Saint-Cyr, LL.B., is a trained lawyer called to the Quebec bar in 1988 and is still a member in good standing. She practiced business, employment and labour law until 1999. For over 20 years, Yosie has been the Managing Editor at First Reference. She manages the PolicyPro Human Resources and Internal Controls editions, The Human Resources Advisor editions, PaySource and the HRinfodesk news service as well as the blogs. Marie-Yosie (a.k.a. Yosie) is a recognized and respected author, with an extensive background in human resources, employment and labour across the country.
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About Marie-Yosie Saint-Cyr, LL.B. Managing Editor

Marie-Yosie Saint-Cyr, LL.B., is a trained lawyer called to the Quebec bar in 1988 and is still a member in good standing. She practiced business, employment and labour law until 1999. For over 20 years, Yosie has been the Managing Editor at First Reference. She manages the PolicyPro Human Resources and Internal Controls editions, The Human Resources Advisor editions, PaySource and the HRinfodesk news service as well as the blogs. Marie-Yosie (a.k.a. Yosie) is a recognized and respected author, with an extensive background in human resources, employment and labour across the country.

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