Your Personal Health Information and Privacy

The term "personal information" includes both personal information (PI) and personal health information (PHI).

For a complete list of what is included or excluded in the definition for these terms, please see section 24 of The Freedom of Information and Protection of Privacy Act (FOIP) and clause 2(m) of The Health Information Protection Act (HIPA).

The Saskatchewan Ministry of Health takes your privacy seriously. We are committed to safeguarding the privacy and confidentiality of the personal information we collect about you.

Each time your personal information is collected, used or disclosed by the ministry, it is done for a specific purpose. Only those employees who have a need to know a specific piece of your personal information have access to that information. The ministry has also established policies and/or practices that further ensure your information is kept private and confidential.

Your confidentiality is important to us. As a condition of employment, all provincial government staff must sign an Oath of Office. By taking this oath, staff are affirming that any information and/or documents they are privy to during their employment with the Government of Saskatchewan will be kept confidential. The Ministry of Health also takes additional steps to educate its staff regarding privacy rules and practices associated with handling personal information and personal health information.

Any personal information and / or personal health information you provide to the ministry, or the ministry receives from one of its health partners, is collected, protected, used or disclosed in accordance with FOIP or HIPA.

Both The Freedom of Information and Protection of Privacy Act (FOIP) and The Health Information Protection Act (HIPA) provide you with certain rights regarding the information the Saskatchewan Ministry of Health holds about you. You have a right to request access to any of your personal information held by the ministry and you have the right to inform the ministry of any errors or omissions.

If you believe there is a mistake in the information we hold about you or that important information is missing, you may request that we correct or add to your record. If we approve your request, we will make the correction or addition to our records. If we deny your request, we will tell you why and explain how you may appeal this decision.

The Freedom of Information and Protection of Privacy Act (FOIP) and Regulations enable any person to apply for access to records held by government institutions. The Health Information and Privacy (HIP) Unit co-ordinates all information requests related to the Saskatchewan Ministry of Health.

To obtain information:

• Obtain an Access to Information Request Form (Form A) at the Ministry, Partnerships and Workforce Planning Branch, 3rd Floor, 3475 Albert Street, Regina, SK  S4S 6X6 or any government institution. Or download the form. Application forms can also be mailed to you by request. See our contact information.
• Complete an application form with enough information to enable the ministry to locate the records you are looking for.
• Submit the completed Access to Information Request Form to the ministry. You will receive a response within 30 days.
• There is no application fee. However, the Act provides for the payment of certain limited fees to address the costs associated with searching, reviewing, and preparing records to satisfy access to information requests.
• A written cost estimate will be provided in advance if the costs are expected to exceed $100.00. No action will be taken without authorization to proceed. In certain situations, we may deny access to some or all of the records you requested. In such a case, we will tell you in writing why we are denying access to some or all of the records and explain your right to request a review. You will have one year from the date of the ministry's response to request a review. You may do so by completing a Request for Review form and submitting it to the Office of the Saskatchewan Information and Privacy Commissioner, #503-1801 Hamilton Street, Regina, SK  S4P 4B4.

The Health Information Protection Act (HIPA) and Regulations legislate privacy protection and obligations of trustees in the health system.

The privacy and protection of your personal health information has always been a priority in Saskatchewan. When you receive health services in the province, you rightfully expect that government institutions, health providers, and administrators provide the highest level of protection regarding the collection, use, disclosure and safekeeping of your personal health information.

HIPA was developed to protect the privacy of your personal health information and ensures that information is available when needed to provide you with services and to monitor, evaluate and improve the health system in Saskatchewan.

HIPA also identifies specific rights that individuals have with respect to their personal health information. These rights are important because they ensure that you will be involved in decisions about your personal health information.

HIPA applies to individuals and organizations who are part of Saskatchewan's health system and who have custody or control of personal health information. The Act calls them trustees to reflect the fact that they hold your personal health information "in trust" and must manage it with your best interests in mind. Examples of a trustee include, but are not limited to:

• Saskatchewan Health Authority (SHA);
• Regulated health professionals (e.g. physicians, dentists, nurses, pharmacists);
• Hospitals;
• Ambulance operators; and
• Government institutions in Saskatchewan as defined in The Freedom of Information and Protection of Privacy Act.

Trustees are required to protect the privacy of personal health information in their custody or control and to respect the rights of individuals identified in the Act. Trustees must follow all the rules regarding collection, use, disclosure, storage, retention and destruction of records containing personal health information.

HIPA identifies several rules that trustees must follow for the collection, use and disclosure of your personal health information. Among others, some of these rules include:

• The primary purpose for collecting personal health information must be for the benefit of the individual;
• Trustees should only collect, use or disclose personal health information that they need to know to provide you with a service; and
• Trustees must also have practices in place that will protect the safekeeping of personal health information.

HIPA applies to personal health information in the custody or control of a trustee. Personal health information is information about your physical or mental health as well as information gathered in the course of providing you with a health service. It also includes information collected to register you for a service (health services number, name, address, gender, date of birth). Personal health information can be in any form, including traditional paper records, electronic records on computers, microfilm, and x-ray film to name a few. Examples of personal health information include but are not limited to:

• A medical record held by a health professional;
• A patient record held by a hospital;
• Registration information held by eHealth Saskatchewan to register individuals for insured services; and
• Records of prescriptions filled by a pharmacist.

Rights of individuals

HIPA describes a number of rights that you have with respect to your personal health information. These rights include:

• The right to consent to use and disclosure. It should be noted that there are circumstances identified in HIPA where consent of the individual is not required for use or disclosure of an individual's personal health information.
• The right to revoke consent to the use or disclosure.
• The right to prevent access to a comprehensive health record.
• The right to be informed by trustees about anticipated uses and disclosures.
• The right to be informed about disclosures without consent.
• The right to refuse to provide the Health Services Number as identification for a non-health service.
• The right to access personal health information about oneself.
• The right to request amendments to records of personal health information about oneself.
• The right to request a review by the Information and Privacy Commissioner about a decision by a trustee.
• The right to appeal to a court the decisions of a trustee.
• The right to designate another person to make decisions about one's personal health information.

The Saskatchewan Ministry of Health has limited personal health information and does not hold typical personal medical records such as doctor visits, hospital visits, lab results, x-ray results, etc. If you are seeking copies of various personal health records, you may have to request a copy of the medical file/records directly from each trustee where you have received care.

HIPA also states that a trustee has a right to charge a reasonable fee in relation to photocopying and providing a patient record. If a fee is to be charged, that fee should be fair and represent cost recovery including staff time and overhead costs. For example, the Saskatchewan Medical Association (SMA) and the College of Physicians and Surgeons of Saskatchewan (CPSS) developed guidelines for physicians to follow when providing patient records to patients.

Health Information Protection Act Brochure

Here are the most common places to request copies of your records:

Ministry of Health Medical Services Branch

The Medical Services Branch produces Medical Statements, which are listings of physician services, the date of service, and the community where the service was provided. Complete the Medical Statement Request Application to provide consent to Medical Services Branch to produce this information.

eHealth Saskatchewan

The electronic Health Record (eHR) Viewer is a secure website authorized health care providers can use to access patient information, no matter where a patient presents for care. The types of information available in the eHR Viewer can include: laboratory results, medication and immunization information, hospital and clinical documents, medical imaging, and chronic disease information. Visit the eHealth Saskatchewan website for more information and forms on how to access information.

MySaskHealthRecord

MySaskHealthRecord is a secure website that enables Saskatchewan citizens to quickly and easily access their personal health information. Those who sign up will be able to access their information such as laboratory test results, medical imaging reports and clinical visit history (displayed as inpatient, outpatient or emergency visits to a health care facility) from across the province. All personal information in MySaskHealthRecord is stored securely and can only be accessed through a highly secure, personalized login. Visit the eHealth Saskatchewan website for more information and instructions on how to register.

Saskatchewan Health Authority (SHA)

If you have received care in an SHA clinic or facility, the physical record is held by the SHA facility, but you have the right to read or request a copy of your health information. You have the choice of physically viewing your health record or receiving a copy. In either case, you may ask for help understanding what the terms, codes or abbreviations in the record mean. Visit the Saskatchewan Health Authority website for more information and forms on how to access information.

Each organization, employee or trustee that has your PHI and processes a request to provide a copy to you is bound by the duties and obligations of HIPA including requiring that only employees that "need to know" have access to your information. Typically, a request to process an access request would involve as few persons as necessary to perform the task, all of whom are bound to protect the information. If you feel that your PHI has been improperly handled or breached, you may file a complaint with that trustee or the Office of the Saskatchewan Information and Privacy Commissioner at: Toll free (within Saskatchewan): 1-877-748-2298 or by Email: webmaster@oipc.sk.ca.

If you have questions about how your information is collected, used or disclosed for a particular program or service, or if you wish to review the personal information the Saskatchewan Ministry of Health has about you, contact the branch that collects and/or uses your personal information first. If you are not sure whom to contact, please call our general inquiry line at 1-800-667-7766. If you still have questions about how your personal information is collected, used or disclosed by the ministry, you may contact the ministry's Health Information and Privacy Unit at:

Saskatchewan Ministry of Health
Health Information and Privacy
Partnerships and Workforce Planning Branch
3475 Albert Street
Regina SK  S4S 6X6
Telephone: 306-787-2137
Fax: 306-787-4534
Email: Health.InfoPrivacy&AccessHelp@health.gov.sk.ca

Should you continue to have questions or concerns about how the ministry is handling your personal information, you may contact the Office of the Saskatchewan Information and Privacy Commissioner at:

Saskatchewan Information and Privacy Commissioner
503-1801 Hamilton Street
Regina SK  S4P 4B4
Telephone: 306-787-8350
Toll free telephone: 1-877-748-2298
Fax: 306-798-1603
Email: webmaster@oipc.sk.ca