Alberta Record

· Bill / Privacy and data sharing changes · tabled

Bill 11 — Health Information Sharing Without Consent via Alberta EHR

This bill establishes a framework for sharing health information through the Alberta Electronic Health Record (EHR) and explicitly states that individual consent is not required for making this information accessible to authorized parties.

Moderate impactPrivacy & surveillanceCentralization of powerCivil libertiesHealth system governanceHealth-care bodiesThe public, directly

What changed

  • Defines 'Alberta EHR' as an integrated electronic health information system and 'shared health information' as health information in electronic form under the custody of two or more custodians (Section 7(2)).
  • Establishes the purpose of Part 5.1 to enable sharing custodians and authorized users to access shared health information and information via the Alberta EHR (new Section 56.2).
  • Allows sharing custodians to make health information accessible to other sharing custodians or authorized users (new Section 56.203).
  • Explicitly states that making health information accessible to sharing custodians and authorized users under this Part does not require the consent of the individual (new Sections 56.205 and 56.33).
  • Authorizes the Minister to direct authorized custodians (other than regulated health services providers) to make prescribed health information accessible via the Alberta EHR (new Section 56.32).
  • Clarifies that the use or making accessible of shared health information by sharing custodians or authorized users does not constitute collection or disclosure under the Act (new Section 56.64).

Why it matters

  • Fundamentally alters privacy protections by enabling broad access and use of electronic health records without requiring individual consent, potentially impacting civil liberties and privacy rights.
  • Centralizes control over health information sharing with the Department and the Minister, who can direct custodians to make information accessible.
  • Creates a legal interpretation that the act of making information 'accessible' is not 'collection' or 'disclosure', which could have implications for accountability and oversight.

Other governance concerns

  • Erosion of individual consent for health data sharing
  • Increased government access to personal health information
  • Potential for secondary uses of health data without explicit consent

Primary sources (1)

Secondary sources (3)