Alberta Record

· Bill / Privacy Changes · enacted

Bill 22 — Expanded Ministerial Access to Individually Identifying Health Information

Amends the Health Information Act to expand the ability of the Minister of Health and the Minister of Mental Health and Addiction to access individually identifying health information from custodians.

Moderate impactPrivacy & surveillanceCentralization of powerCivil libertiesThe public, directlyHealth-care bodiesIndependent watchdogs

What changed

  • Repealed and substituted Section 40 of the Health Information Act, allowing custodians to disclose individually identifying health information to the Minister or Minister of Mental Health and Addiction without consent if deemed 'necessary or desirable' for their duties (Section 20(5)).
  • Repealed and substituted Section 46(1), enabling the Minister or Minister of Mental Health and Addiction to request individually identifying health information from other custodians for public policy purposes, under certain conditions (Section 20(7)).
  • Amended definitions of 'custodian' to include the Department of Mental Health and Addiction and the Minister of Mental Health and Addiction (Section 20(2)).
  • Repealed and substituted Section 72.1, allowing the Minister to designate health information repositories and the Minister of Mental Health and Addiction to designate the Canadian Centre of Recovery Excellence as one (Section 20(11)).

Why it matters

  • Increases the scope of ministerial access to sensitive personal health information, potentially impacting individual privacy rights.
  • Shifts the discretion for disclosure from the individual to the custodian, based on the Minister's perceived needs for carrying out duties.
  • Centralizes control over health information repositories, potentially affecting data governance and security.
  • While consultation with the Information and Privacy Commissioner is required for regulations, the direct disclosure powers are significant.

Rights affected

  • Privacy — Control over personal information held by governments and institutions.

Other governance concerns

  • Privacy rights
  • Government surveillance
  • Ministerial discretion over personal data

Primary sources (1)