Group files court challenge to Nova Scotia’s personal health information law
A group of individuals along with the non-profit organization Nova Scotia Civil Liberties Association have taken their concerns to the Nova Scotia Supreme Court regarding recent changes to a law that allow the province increased access to personal health records.
James Manson, a lawyer representing the groups, expressed serious reservations about the constitutionality of the amendments made to Nova Scotia’s Personal Health Information Act in an interview on CBC Radio’s Information Morning. The application to the court argues that certain sections of the act and corresponding regulations violate the Canadian Charter of Rights and Freedoms.
The revised law now mandates doctors and other healthcare providers to disclose patients’ personal health information to the health minister or her representative. The information can be utilized for purposes such as health system planning and management, resource allocation, and the development or maintenance of electronic health record programs and services.
Former Health Minister Michelle Thompson clarified that the intention behind the amendments was to utilize aggregate, anonymized data to enhance the healthcare system and not individualized records. Personal information would only be used to populate the province’s health-care app, YourHealthNS, enabling individuals to access their health records.
Manson raised concerns about the extensive access granted by the amended law, stating that it is unnecessary for obtaining aggregate, anonymized data. He questioned the need for patient charts containing names and birthdates for health system planning and resource allocation. Additionally, he emphasized the importance of obtaining consent before collecting and releasing health records through the app.
The applicants are seeking to have the new clause in the Personal Health Information Act invalidated by the court. The province has not responded to the application, citing that the matter is pending before the courts.
Previous criticisms of the changes to Nova Scotia’s health records law were voiced by Doctors Nova Scotia, who expressed concerns about the broad scope of the amendments potentially compromising doctor-patient relationships. Despite assurances from Premier Tim Houston and government officials regarding patient privacy safeguards, Doctors Nova Scotia urged further modifications to the law.
The Nova Scotia Civil Liberties Association, along with individuals Chris Milburn, Aris Lavranos, Shelly Hipson, Valerie Henneberry, and Susan Kaiser, have challenged the disclosure of personal health information without consent. Lavranos and Milburn, both physicians, highlighted that such disclosures could breach their duties of confidentiality and hinder their ability to provide effective patient care.
The legal challenge is being supported by the national non-profit organization Justice Centre for Constitutional Freedoms. The case aims to protect individuals’ privacy rights and ensure that health information is handled with the necessary consent and confidentiality.
