The Broader Public Sector Accountability Act, 2010
Amendments to the Freedom of Information and Protection of
Privacy Act
The
Broader Public Sector Accountability Act,
2010 (BPSAA) amends the Freedom of Information and
Protection of Privacy Act (FIPPA) to make hospitals subject to
FIPPA.
It
is anticipated that these changes will help to increase
transparency of the hospital system in addition to the other
measures in the BPSAA.
FIPPA will apply to hospitals as of January 1, 2012, but is
retrospective to January 1, 2007. As a result, records that came
into a hospital‘s custody and/or control on or after January 1,
2007 are subject to the act.
This
amendment does not change rules applicable to personal health
information. The
Personal Health Information Protection
Act, 2004 will continue to apply to hospitals‘
collection, use and disclosure of personal health information.
As
of January 1, 2012, FIPPA will be amended so that to certain
types of hospital records will be excluded from the application
of the act. For example:
-
records that relate to the operations of a hospital foundation
-
the administrative records of a health professional in
relation to their personal practice
-
records that relate to charitable donations made to a hospital
Read
more about the new provisions for hospitals under
FIPPA.