Alberta's Freedom of Information and Privacy Protection Act

The Purpose and Description of Alberta's Freedom of Information & Privacy Protection Act (FOIP)

As explained by the Government of Alberta website, the purpose of FOIP is to ensure privacy of people by placing a legislated system that protects confidential information of an individual that has been obtained by a public body (Provincial Healthcare, University, or Government body), so that one’s personal info is unable to be readily accessed by any public body or other individuals in a way that is anything but necessary and is secured. This means that people have the right to ask for changes to be made within their documented personal information. Also, for public systems, FOIP helps to protect personal and private information collected so ultimately that person has a say or the right to decide what happens to their own confidential information. This is done by implementing rules that must be adhered to anytime someone’s private information is obtained or accessed as well as ensuring non- disclosure and secure storage of one’s classified information. FOIP is what determines how, when and who is able to access personal information. As Cardiology Technicians play a role in providing healthcare, we must adhere to and understand the privacy act as it is our responsibility to protect patient privacy rights while having the privilege to obtain info in necessary situations.

Considering the Freedom of Information and Privacy Protection Act (FOIP), how should personal information be protected?

How personal information should be collected in adherence to FOIP.

Personal information should be collected when absolute confidentiality is ensured and only when the individual has consented, which means they know the reason their info is being obtained and who/ why/ when that info is viewed or accessed. The information that is collected should be only that of which is minimally necessary, meaning only the information that is required and relevant is collected or accessed and no other additional non-pertinent info should be taken. The person should also be aware that they have a right to confidentiality and privacy, so they understand that their confidential information is only collected and used in a manner that is absolutely necessary and is protected from general access to anyone other than those approved. All medical professional accessing patient information need to maintain adherence to the FOIP regulation outlines.

Why the Freedom of Information and Privacy Protection Act Came into Play in Alberta, and the Legislative Steps

As we moved toward a more digitalized era, programs such as Netcare and other electronic health records took the place of paper-charts which provided a vast improvement to patient care and clinician access but also demanded a legislation to regulate the ways that an individual’s confidential information is allowed to be accessed. This act, as we know, is the Freedom of Information and Privacy Protection which structures itself around the protection of every person’s right to privacy and confidentiality.

The following source is taken directly from FOIP Guide within the Alberta Government Website and explains the dates that each step of FOIP was implemented within the province of Alberta:

 [The FOIP Act was introduced in the Alberta Legislature in the spring of 1994, following an extensive public consultation process by an All-Party Panel. The Act, which reflected the recommendations of the All-Party Panel and the input of Albertans, is seen as the cornerstone of an open, accessible, and accountable government for the people of Alberta. It was proclaimed in force on October 1, 1995, for public bodies such as government departments, agencies, boards, commissions, and other organizations designated in the FOIP Regulation. Extension of the Act to include local public bodies, such as school boards, health authorities, post-secondary educational institutions, and municipalities, began with school boards in September 1998 and concluded with local governments such as municipalities in October 1999] (Service Canada, 2008).

Critical Thinking. How should we respond to situations where confidentiality is at risk of being breached?

Critical Thinking: What would you do?

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? 

Explaining to the mother-in-law in a composed manner that although someone is physically able to access test results,  one cannot legally access her test results and that if she were in imminent cardiovascular risk it would’ve been addressed immediately at the time of the cardiac- stress- test. Also, I’d explain that if there were urgent (but not immediate life-threatening-like moderate ischemic ST changes) findings observed, her physician or another healthcare worker would be in contact with her promptly. If truly concerned about physiologic effects of stress on her cardiovascular function due to her excessive anxiety, I would have her seek immediate care where appropriate (ex. emergency department, clinic, etc.) while also advising her physician on the situation so that the doctor can make the appropriate decisions and follow up with her.

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.

Consider providing the cardio-tech with a respectful reminder of FOIP regulations, and that without that individuals permission we do not have the legal right to access the private file details, regardless that the patient’s info was accessed for training purposes and ask if there was a more acceptable method of system training that did not breach confidential practices. If the cardio-tech continued to breach patient confidentiality rights, it may be appropriate to refer the issue to upper management. 

Why FIOP is Critical to Healthcare Professionals

Ensuring we maintain an individual’s confidentiality is important for assorted reasons.  Establishing good patient rapport by instilling trust through our actions and management of confidential information is a strong fundamental step in how we are able to help our cardiology patients. Instilling trust can help patients feel more at ease and become more liberal on disclosing valuable medical details, which then creates an opportunity for thorough assessment and understanding of relevant medical history and correlating factors.

Patient’s can understand that their classified information, although may be collected and stored is still kept private as this information is only disclosed on a need-to-know basis only. Patients should be advised that FOIP ensures we are consistently adhering to the appropriate guidelines and conduct ourselves in a strong ethical manner.

Confidentiality. (n.d.).Retrieved December 17, 2018, from https://sielearning.tafensw.edu.au/MCS/CHCAOD402A/chcaod402a_csw/knowledge/confidentiality/confidentiality.htm

Service Alberta. (2008).Freedom of Information and Privacy Protection Act. A Guide. Retrieved December 17, 2018, from https://www.servicealberta.ca/foip/resources/brochures-and-guides.cfm

STENBERG COLLEGE

 MED 205. Introduction to Health Information Systems

Assignment 2. December 18, 2018

Jody Cusack, CATD 0118