Maritime Access & Privacy
Workshop 2008

Forthcoming health information privacy legislation is intended to establish a set of comprehensive privacy protection rules applicable to the collection, use, disclosure and retention of personal health information by the health system.

This conference's panel will detail some of the history in the development of the legislation, provide a snapshot of the essential components and features of the new personal health information legislation and identify next steps to fully implement the legislative framework within the provinces of New Brunswick and Nova Scotia.

Suellen Murray
Project Manager
Health Information Legislation Project
NS Department of Health

Suellen J. Murray is the Project Manager for the Health Information Legislation Project at the Nova Scotia Department of Health. Suellen is on secondment from her position as Manager, Information Access and Privacy Unit at the Department, a position she has held since forming the Unit in 2002. Suellen has worked in provincial government policy in Ontario and Nova Scotia for 16 years, with positions in workers' compensation, continuing care, and labour.

Suellen is a graduate of Mount Saint Vincent University (Bachelor of Public Relations) and Dalhousie University Faculty of Law. She was called to the Ontario Bar in 1992.

Joanne Fletcher
Director
Health Planning, Policy and Legislation
NB Department of Health

This session is aimed at providing you with the fundamentals of access to information and privacy laws in the Maritime provinces, and will introduce the main concepts of freedom of information, including the right of access, the application process, exemptions, and key definitions. This session will also set the stage by exploring why privacy has emerged as an important value for Canadians and its critical role in preserving public trust and confidence in government. You will learn the basics of access and privacy legislation and about your role and responsibilities in protecting information.

Carla Heggie
Information Access & Privacy Manager
NS Environment & Labour

Ms.Heggie is the Information Access & Privacy Manager for NS Environment & Labour & Workforce Development. She has been working in the policy area of access and privacy since the early 1990's and has been administering FOIPOP for almost fifteen years. A graduate of Dalhousie University with a degree in political behaviourism and labour economics, this spring Ms.Heggie completed the Information Access and Protection of Privacy [IAPP] Certificate Program at the University of Alberta. Over the past four years, Ms.Heggie has been working actively to promote the IAP Professional and the need for standards and certification of the field. She also sits on the National Advisory Committee for the IAPP Program at the U of A.

The EHR initiative has taken hold in Canada. This presentation will provide an up-to-date view of development across Canada, successes and challenges. It will also described some of the recent initiatives Infoway has undertaken in relation to privacy and information governance.

Joan Roch
Chief Privacy Strategist
Canada Health Infoway

As Chief Privacy Strategist at Canada Health Infoway Joan is responsible for ensuring that privacy is being addressed by Infoway in its overall program to accelerate the development of a pan-Canadian system for electronic health records.

Joan has over 30 years experience in program policy and information management and for the last 10 years has focused on health information and privacy. Prior to joining Canada Health Infoway, Joan was an independent privacy consultant and the first Chief Privacy Officer for the Canadian Institute for Health Information. During this time she has developed privacy training programs, provided practical advice on incorporating privacy enhancing practices into system developments and prepared submissions to special federal and provincial review and legislative committees on health information and privacy. She has also co-authored numerous privacy impact assessments and spoken at many conferences, local, national and international. She is currently focusing on the broader topic of information governance in the context of the electronic health record.

Privacy breaches are becoming more frequently reported by the media. Is your organization ready to deal with potential breaches and do you know what to do should a breach occur? This session will look at the common activities that are used to prevent breaches and to mitigate negative consequences for both your organization and for the individuals whose personal information may have been compromised. A "Top 10" list of breaches will be presented with commentary as to how the breaches may have been prevented.

Ann Guinchard
Nova Scotia Associate Chief Information Access and Privacy Officer
Nova Scotia Department of Justice

Ann Guinchard is the Associate Chief Information Access and Privacy Officer for the province of Nova Scotia. She has a BSc (Hons) and a Masters of Environmental Studies from Dalhousie University. Ann began her governmental career with the Government of British Columbia, as the Senior Researcher/Standards Coordinator with the BC Ministry of Transportation and Highways. This was followed by information access and privacy protection management positions with the BC Information, Science &Technology Agency and the BC Ministry of Human Resources.

Following her approximately 10 years with the BC Government, Ann relocated to Ottawa where she was a Consultant with the Privacy Secretariat at the Canadian Institute for Health Information (CIHI). Part of her responsibilities with CIHI was to travel throughout Canada providing Provincial/Territorial privacy training. Before moving "home" to Halifax in August 2006, Ann completed her cross-Canada working experiences as the Director of Health Information Policy & Analysis and also the Privacy Officer for Saskatchewan Health. She has an extensive background in information access, privacy protection, development and interpretation of legislation, policy and program development, and training.

This presentation will explore the tension between public safety and personal freedom, including the protection of privacy, by examining existing legislative and policy requirements pertaining to the use of public space video surveillance by law enforcement. As a case study, the session will highlight Moncton's video surveillance projects.

Christian Whalen
Legal Counsel
Office of the Ombudsman of New Brunswick

This session, led by Christian Whalen, legal counsel with the New Brunswick Ombudsman's Office, will outline the top ten privacy law cases from all Canadian jurisdictions in the last year. It will offer analysis from an Atlantic Canadian perspective has to what the impact of these cases will be for Atlantic Canadian businesses and public bodies that are trying to keep pace with evolving standards in privacy protection.

Christian Whalen
Legal Counsel
Office of the Ombudsman of New Brunswick

What started as "other duties as assigned" has evolved into a career...that of the IAP Professional. What constitutes a career in the field of information access and privacy? What defines the IAP Professional? How does a person get involved in the IAP field, or more importantly, what training is available? Through associations like CAPAPA, CAPA, AAPI and other support networks, we can clearly identify the skills, training, options, commonalities, and issues surrounding the IAP Professional in Canada.

Carla Heggie
Information Access & Privacy Manager
Nove Scotia Environment & Labour

As technology advances at lightening speed, the modern workplace is becoming more and more digital and the rise of the electronic record is unprecedented. The use of word processing programs, spreadsheets, presentation programs, digital audio and video, electronic mail, etc. has become so common place that it is now hard to imagine how people managed just a decade ago, let alone 50 years ago. Along with the rise of the electronic record, we have also experienced a significant rise in the creation, recognition and use of modern access to information legislation. As such, while there is now a tendency to create more information, there is also a tendency to want access to more of that information. On its face, it may appear that the widespread use of electronic information should revolutionize the access to information process. However, the personal experiences highlighted in this paper, particularly with respect to e-mail, emphasize the need for caution and to the intricacies involved in seeking access to information stored in electronic form.

Sandy Hounsell
Executive Director
Office of the Information and Privacy Commissioner of Newfoundland and Labrador

This session is aimed at providing some examples of the challenges that arise while ensuring that personal privacy is being maintained in all aspects of dealing with government. It will also outline how easy the process can be if the Freedom of Information and Protection of Privacy Act is considered at the onset of new initiatives and/or programs.

Frieda MacLaren
Provincial Access and Privacy Coordinator
PEI Provincial Treasury

Frieda began her career in information access and privacy in 2000. She was the office manager of the Freedom of Information and Protection of Privacy Implementation Team from June 2000 until November 1, 2002. Upon proclamation of the Act she was appointed to the position of Access and Privacy Assistant Coordinator. On April 29,2005, Frieda was appointed as the Provincial Access and Privacy Coordinator.

The Youth Criminal Justice Act (YCJA) was proclaimed on April 1, 2003. It replaced the Young Offenders Act. Confidentiality and privacy has a high priority under the YCJA. Part 6 of the Act is solely dedicated to publication, records and information sharing. The Act controls not only what information may be made public, but also what information may be disclosed in the day-to-day administration of a sentence; for example, who or what class of persons are permitted access, mandatory and discretionary access, what information may be shared, what use may be made of the information and time frames for when information becomes inaccessible. Part 6 also contains very complicated rules with respect to accessibility periods for the use of fingerprints, extrajudicial measures, and previous findings of guilt. This session would be of benefit to police, lawyers, probation and youth correction officials, social workers, mental health workers, teachers or any services providers who regularly participate in case management conferences for youth who have been dealt with in the Youth Justice Court.

Ian Walsh
Senior Policy
New Brunswick Public Safety

You are the privacy expert in your organization and this is an election year. Every election brings a slate of new politicians with ideas and ambitions but no understanding of the access and privacy rules. There are going to be a lot of demands for their attention so your message will have to be brief and forceful. What are the important points to get across to these people and how do you make your points stick so that your officials will remember what to do when it really counts?

Stephen Trueman
City Solicitor
City of Moncton

More often than not, professional staff in many organizations are required to assume the duties of “privacy officer” without having formal training, or any previous experience. Facing such challenges can be daunting, especially when the potential for a privacy breach with serious ramifications for the organization is just around the corner. This session will provide a practical guide for the neophyte privacy officer, as well as the experienced privacy professional who is seeking a manageable comprehensive approach to privacy protection for their organization. Those attending the session will receive a helpful flow-chart that navigates the confusing arena of privacy laws, as well as a logical flow chart that provides a simple manageable approach to providing a solid framework for privacy protection in the organization. Finally, the session will provide a handy “vulnerability meter” with respect to possible U.S. claims on the personal information of Canadians held by the organization.

Robert P. Doherty
President
Access & Privacy Services

For the past 10+ years, Bob Doherty was Nova Scotia Government’s first full-time Freedom of Information and Protection of Privacy Coordinator. Located in the N.S. Department of Justice, his office provided policy guidance and advice on best practices in the field of access and privacy to more than 100 individuals in public bodies and municipalities in the Province. As well, his team each year developed and delivered numerous information, education, and training workshops and materials on the administration of Nova Scotia’s access and privacy laws. During his tenure as Nova Scotia’s FOIPOP Coordinator he also directed the development of the first mandatory Routine Access Policy in Canada, and was executive producer for a series of access and privacy best practice videos now in use in the province. He was one of the principal architects of amendments to the FOIPOP Act in 1998, and PIIDPA in 2006. He has been a guest panellist at access and privacy conferences across Canada, has taught access and privacy law at the Mount St. Vincent University Information Technology Program, and worked with the University of Alberta’s Information Access and Privacy Certificate Program. He holds a B.A. Degree from St. Francis Xavier University, an M.Sc. in Communications from Boston University, and an LL. B. From Dalhousie University. He retired from the N.S. Public Service on April 20, 2007 and plans to continue his professional career in the access and privacy field.

Health Information Privacy is a clearly defined stream at this year's Maritime Access & Privacy Workshop. Both New Brunswick and Nova Scotia have discussed forthcoming Health Information Acts, provinces with well-established Acts have shared their stories, and a national EHR initiative was explored by Canada Health Infoway. These are all steps in the right direction, and this workshop serves as yet another.

With facilitators you've heard from throughout the conference, as well as new faces, this half-day, interactive workshop will allow you to further explore the idea of Health Information Privacy and its future impact on legislation, as well as how your organization will continue to manage electronic health records, and other health information.