The Freedom of Information and Protection of Privacy Act (FOIP)

According to the "Freedom of Information and Protection of Privacy Act" (2018), the purpose of the Freedom of Information and Protection of Privacy Act, or FOIP, is to allow certain persons access to records of a personal nature when it is deemed necessary to carry out the person's duties, most commonly as part of their occupational responsibilities. At the same time, FOIP sets guidelines and restrictions as to the manner with which personal information is collected. In the case of health care, this Act allows physicians, technicians, and other health care personnel to collect personal information (e.g. name, age, contact information, medical history, etc.) from patients in order to effectively provide care and service. However, under the Act only health care personnel who are providing direct care to the patient are allowed to collect and subsequently access this personal information, limiting and controlling the number of persons who may have knowledge of the patient's information.

How is personal information collected in adherence to FOIP?

Collection of personal information in adherence to FOIP must be done in such a way that:

1. The personnel or public body (e.g. hospital, clinic, etc.) directly requests the information from the individual whom the information is about,
2. The individual from whom the information is about and originates from is informed of the reasons why the collection is taking place, and
3. The individual from whom the information is about and originates from provides consent - commonly in writing - indicating that they are willing to allow relevant personnel or the public body collection and access to their personal information

With regards to the second point outlined above, it is important that the patient is made aware that their information is being used as minimally as possible, and only for the purpose for which it is being collected in the first place. Additionally, they should be informed and assured that only persons who have an absolute need for knowledge of the information will be allowed access to this information.

What to do in situations where the FOIP must be adhered to

Case Study 1: You are working as a Cardiology Technologist at a local private outpatient clinic where your mother-in-law recently had a stress test and is awaiting her results. She has mentioned to you several times since the test that she is very nervous for her results and doesn’t want to wait too long to receive them. Knowing she suffers from high anxiety you have done your best to keep her calm while she waits for her results. She phones you up again and this time is begging you to check her results as she knows you have access to them. She is really upset and you’re worried her anxiety might make any possible health condition even worse. How do you handle this situation? What do you explain to your mother-in-law? 

Firstly, I would do everything I can to assure my mother-in-law so that their worries and anxieties can be reduced, if at all possible. Secondly, I would calmly explain to them in simple terms about the Freedom of Information and Protection of Privacy Act that states that - as a health care professional who is not providing direct care to her - I cannot legally access or obtain the results of her recent exercise tolerance test. If I am pressed for further consideration, I will explain that if there is a serious issue that arises from the results of her stress test, the appropriate personnel who have a need-to-know basis of her test results will be prompt to get in touch with my mother-in-law. To further address her anxiety, I will advise her to seek help from an appropriate clinic or hospital department that can adequately accommodate her needs. 

Case Study 2: You are out on clinical at your local hospital for your Cardiology Technologist diploma. During one shift you are working closely with another Cardio Tech who is showing you the ropes.  So far, you and the other Cardio Tech get along really well which is great because you will be working closely with her during your entire 12-week clinical. One day, while she is showing you the health information system at the hospital she shows you how to look up patients and patient information. As her example to show you how to use the system, the Cardio Tech looks up information for a well-known local celebrity. Describe what your reaction would be and how you would handle this situation.

In this situation, it will be prudent to remind the accompanying cardiology technologist about the guidelines outlined by the Freedom of Information and Protection of Privacy Act, mentioning that if they are not directly providing care to this well-known celebrity, it is inappropriate and in violation of FOIP to access or view their patient information. Even if the cardiology technologist was authorized to access this information, the colleague they are showing this information to may not be authorized. Instead of using actual patients' personal information as tools for instruction, it may be wise to ask if there are ways to demonstrate how to access patient information without actually viewing any information either cardiology technologist is authorized to view. In the event that there are future infractions despite having a respectful and informative conversation with the same colleague, it is a health care professional's responsibility to make the matter known to a supervisor or manager.

The Importance of the Freedom of Information and Protection of Privacy Act

The privacy of patients and the confidentiality agreement that health care professionals are bound to must be upheld and protected at all times, in all situations without exceptions. Since this is one factor that ultimately shapes how patients and the public view the health care system, it is important to understand that when breaches occur, it is not only the image of the personnel who are directly involved that is placed in jeopardy, but also the image of the health care system as a whole as well.

Ensuring that their personal information is kept secure and accessed only by personnel who have an absolute need-to-know basis helps maintain the integrity of not only the health care professional but also the system put in place to manage patient's sensitive information. When patients feel that health care personnel and the system can be trusted, they are more likely to have faith and comfort in receiving treatment and services in the future. Since this aligns with health care professionals' primary goal of providing the best possible care to all their patients, it is nothing short of critical that the FOIP is adhered to by everyone.

References:

Freedom of Information and Protection of Privacy Act. (2018). Retrieved December 19, 2018, from http://www.qp.alberta.ca/documents/Acts/F25.pdf