On May 20, 2004, the Government of Ontario passed the Health Information
Protection Act, scheduled to come into force on November 1, 2004.  The
purpose of the legislation is to protect the privacy of individuals, and the
confidentiality and security of personal health information in the health
sector by providing consistent and comprehensive rules for individuals and
organizations that collect, use and disclose personal health information.

The new legislation has implications for archives and other heritage
organizations that collect historical health-care records and make them
accessible for research purposes.

Under the Act, a health information custodian may transfer personal health
information to a prescribed person whose functions include the collection
and preservation of records of historical or archival importance if the
disclosure is made for the purpose of that function [section 42(3)(b)].

In order to make this section of the Act work, a Regulation must:
(a) designate historical/archival organizations, and
(b) set out rules by which historical/archival organizations may disclose
personal health information for research purposes.

The Ontario Ministry of Health and Long-Term Care has introduced a draft
Regulation under the new Health Information Protection Act and the public
now has 60 days (until September 3) to provide comment.  At the request of
the Ministry of Health and Long-Term Care, the Archives of Ontario is
soliciting input from the archives/heritage community in order to make
section 42(3)(b) workable through the Regulation.

Please take time to read the new Act and consider whether it will have an
impact on your operations.  You are invited to provide your comments, either
at a brief consultation, or in writing.  This consultation will take place
on Wednesday, July 28, 2004, at the Macdonald Block (Severn Room), 900 Bay
Street, Toronto, Ontario, from 9:00 a.m. - 12:00 noon.

The Act and draft Regulation can be found on the Ministry of Health and
Long-Term Care's Web site at:
<http://www.health.gov.on.ca/english/public/updates/archives/hu_03/priv_legi
slation.html>

Please RSVP for the consultation by July 23, or provide written comments (by
mail or e-mail) by August 16, to:

Carolyn Heald
Information Policy Adviser
Archives of Ontario
77 Grenville Street
Toronto, Ontario
M5S 1B3
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