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

August 11, 2011 Yosie Saint-Cyr, LL.B. Managing Editor Human Resources, Privacy and Security

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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Yosie Saint-Cyr, LL.B. Managing Editor

Managing Editor at First Reference Inc.

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 18 years, Yosie has been the Managing Editor of the following publications, Human Resources Advisor, Human Resources PolicyPro, HRinfodesk and Accessibility Standards PolicyPro from First Reference. Yosie is one of Canada’s best known and most respected HR authors, with an extensive background in employment and labour across the country. Read more