Does personal information exist in multiple copies? This factor is frequently ignored in departmental decisions on redactions. The reasonable steps has not been clearly defined and it would be smart to pay attention to court rulings, lawyers, and thought pieces that come out in the coming months as this gets scoped. For certain types of information, such as reinsurance arrangements or files on more complex activities, reproduced electronic records may not be sufficient for OSFI's review and the executed copy may need to be available, upon OSFI's request. Section 13 is also often misapplied. The dialogue with the patient is the key element of the consent process. Below are several examples of redacted releases, with comparative documents to indicate what material was deleted. This can be accomplished using a variety of methods including disintegration, incineration, pulverizing, shredding and melting. The following examples are drawn from documents dating between 1949 and 1991. 1. What is appropriate will depend on the nature, scope, context and purposes of processing, as well as the costs of implementation and what is in fact possible. But since the implementation of the Act the federal government has let all of its other declassification programs effectively lapse. In this regard, there. These records deal with foreign intelligence matters, but the conclusions drawn from these examples can equally be applied to a wide range of records dealing with foreign policy, defence, and national security. The information must be given in a manner which is clear, concise, intelligible and easily accessible. It also means making sure that these apply by default, rather than requiring specific action in each case. It may also be wise to put in place measures to record access to and use of data even for authorized individuals. This says nothing about Canadas current assessment capabilities, since presumably there have been plenty of opportunities to rectify these deficiencies in the intervening 40 years. In this case, you must usually contact data subjects to provide the above information, as well as: You must do so within a reasonable period, and in any case by the earliest of (i) your first communication with them, (ii) any further transfer to another party or (iii) a month after receipt of the data. Before collecting any personal information, an organization should pause and assess the purpose for collecting this information and whether this information is necessary for such a purpose. by degaussing, in which magnetic media are exposed to a strong magnetic field to make data unrecoverable. Some of the redactions appear to concern judgments made by IAC analysts, likely indicating the application of a rule of thumb such as delete any analytic judgments. However, the deleted judgments are not particularly surprising (e.g. Make a note of your reasoning when acting on or disregarding an alert, flag, or instant message. In setting up policies and procedures, an organization should consider the following checklist: For additional information and guidance related to retention and disposal practices, please see: Clearing and Declassifying Electronic Data Storage Devices, Getting Accountability Right with a Privacy Management Program, Securing Personal Information: A Self-Assessment Tool for Organizations. justified the correction or deletion (especially in an EMR where the audit trail will identify the change)? In recent decades, Canadian historians have become reliant on the Access to Information and Privacy (ATIP) process for the release of government historical records. As a complement to the principle of keeping no more data than needed, you should also keep data for no longer than necessary for the specified processing purposes. It is a way to ensure that the information stored on it can never be recovered. Other departments have been less proactive. Corrections can be made, but must be done properly and clearly marked as a correction. Are information holdings periodically being reviewed to determine whether the purpose of the collection has been fulfilled? Office of the Privacy Commissioner of Canada, Personal Information Disposal Practices in Selected Federal Institutions, Tips for Federal Institutions Using Portable Storage Devices. accessible; available; annotated; accurate; Answer: D. 2. Federal institutions are encouraged to adapt these guidelines with adjustments appropriate to their specific situationFootnote 3. The redacted sections in Example 3a describe in the most general and anodyne terms Canadian foreign policy objectivesobjectives that were publicly described in many government publications of the time. As well, administrative processes were implemented such that patient complaints concerning access are now resolved by a privacy commissioner rather than the judiciary. Pingback: A Country Without a History? personal communications with relevant other caregivers? Monitoring and auditing clauses to ensure track record and quality control. If the media will be leaving the organizations control and potentially be reused by others, then a stronger disposal method should be selected. Once one delves into specifics, the argument quickly falls apart. As another example, say that you are an online vendor, and a client with an existing account makes a purchase. This effort has now amassed a large collection of documents which provide useful insights into how the ATIA is being implemented, and in particular how exemptions are being applied by departments. Organizations must generally keep records of the processing activities for which they are responsible, the categories of data subjects involved and the measures taken to demonstrate compliance with the above principles (as well as the other principles discussed in this series). The redactions in Example 1a did not meet the harm test required by Section 15: there can be no reasonable expectation that releasing this information on Soviet air force activities in Austria or Soviet interest in Afghanistan almost 70 years ago would negatively affect Canadian international affairs or defence. Of these, Section 15 is the most critical for historians seeking records on foreign policy, defence, and intelligence matters. Typically, in an institutional setting, the institution is the owner of the system and the custodian of the information and grants access to the information to individual healthcare providers according to specified terms of use. While templates help to standardize how information is presented and save time for physicians, they may also decrease the personalization of notes and thus affect their perceived credibility. AI, Records, and Accountability - ARMA Magazine But as well as having a lawful basis, the processing must also be carried out properly and securely. Consider including the following when documenting the consent discussion: In many Canadian jurisdictions, it is now a legal requirement that a consent form be completed before any surgical procedure is undertaken in a hospital. Principle 7 Safeguards. Documentation often serves as communication with other members of the team and this can be optimized when: Some medical regulatory authorities (Colleges) have specific guidelines about the format and timeliness of medical record keeping. Reasons for Decisions: The Path From Intelligible to Implicit EMR systems may also offer integrated decision support aids and alerts. Has a document disposal procedure been agreed upon with the third party? For some organizations, there is a legislative requirement to keep information for a certain amount of time. If you make a mistake the a write how should it be corrected? Other departments have done even less and have simply left the process of reviewing historical records to their ATIP staffs and current desk officers. We have previously looked in detail at the lawful grounds for processing data (including consent). Example 1 Extract from Joint Intelligence Summary No. The CFIHPs extensive experience of obtaining historical government records through the ATIP processas reflected in these examples and many other caseshas led to a number of inter-related conclusions: Lack of knowledge of what has been released. To ZE by the No Elbow Regulation stands for _____. a patients refusal to take part in a discharge discussion or to sign an AMA form? Different redactions were made to each version, demonstrating the arbitrary nature of the review process; if this information was truly sensitive, this would have been clearly obvious to all reviewers. If you need access after leaving a patients circle of care, obtain authorization from the custodian of the record. We call this 'privacy information'. There are a number of commonly accepted ways for organizations to properly dispose of personal information depending on the form in which it is being stored. Introduction Now that electronic devices that can record conversations are omnipresent, courts routinely have to deal with attempts to introduce audio recordings as evidence. Two versions of this report were provided in the same release package, separated by a number of other documents. Articles 13 and 14 of the UK GDPR specify what individuals have the right to be informed about. The records act as evidence if your care is later questioned. The data subject's rights to access their data, have it rectified, erased or transferred, or restrict or object to processing (all of which will be considered in the next article). Example 3 Extract from PCO Report, An Idea of National Intelligence, February 1989. Reports of thousands of Iraqi soldiers defecting are probably exaggerated.) and any sensitivity they might once have had has long been overtaken by the passage of time. As organizations and institutions get on the Big Data bandwagon, the push to amass enormous volumes of personal information for yet undetermined purposes has never been greater. It is clear that this requirement was not met in the examples described aboveand in a very large number of similar cases encountered by the CFIHP. Multiple choice1. Example 2 Extract from IAC Minutes, 30 August 1972. pending investigations to be done or received after discharge, including who is responsible for ordering and following them? I have identified eight such rules, which I shall briefly discuss. More ingenious minds could doubtless propound additional and better sub-rules, or economise with fewer. The EMR may also include alerts, flags, or instant messaging capabilities to assist physicians in diagnosing, treating, and monitoring their patients clinical conditions or managing their prescriptions. Schedule 1. clause 4.7.5 PIPEDA, 2000, S.C. c.5. How often? 0.2 mg instead of .2 mg), avoiding trailing zeroes after a decimal point (e.g. The date, time, and initials (or electronic signature) of the person making the alteration should be visible on the electronic record. A specifically identified purpose is often a clear indicator of how long this information needs to be retained. (of speech and writing) clear enough to be understood: She was so upset when she spoke that she was hardly intelligible. Note that this applies even if you will not be relying on their consent. This advice includes: When a patient safety incident (accident, in Qubec) occurs or is discovered, document the facts in the progress notes, as follows: After disclosure of a patient safety incident to the patient (or their substitute decision-maker), include the following details concerning the disclosure meeting in the progress notes: There are various ways physicians can help promote medication safety. Reviewing the purpose for having collected the personal information in the first place is generally helpful in assessing how long certain personal information should be retained. International: 001-613-725-2000, The Canadian Medical Protective Association, Communicating effectively with patients to optimize their care, Never make a correction or change an entry. If delegating documentation, review the medical record for accuracy. The direction provided to reviewers by individual departments is minimal and addresses only very limited aspects of the work. Technically, the general obligation to keep records does not apply to organizations which employ fewer than 250 people, unless the processing (i) is more than occasional, (ii) is likely to involve a risk to the rights and freedoms of data subjects or (iii) involves special categories of data or data about criminal offenseand convictions (see our article on lawful grounds for processing). "The law must be accessible and so far as possible intelligible, clear and predictable". When law and medicine intersect: patients' access to medical records. The E in the No Elbow Rule stands for _____. A large number of other documents related to the annual CANUS series of intelligence assessments on the threat to North America have been made available in other releases. Contact the CMPA before making a correction or changing an entry. This exemption only covers information that has been received from a foreign government in confidence, not information that might have come from a foreign government. Documentation and result reporting Records must be clear and accurate. This example demonstrates the redaction of details of intelligence priorities related to national unity and economic interests. How should we obtain, record and manage consent? | ICO Chapter 18: Record-keeping and documentation | Online Resources a contingency plan should a particular scenario occur? If personal information was used to make a decision about an individual, it should be retained for the legally required period of time thereafter or other reasonable amount of time in the absence of legislative requirements to allow the individual to access that information in order to understand, and possibly challenge, the basis for the decision. One method for clearing media is overwriting, which can be done using software and hardware products that overwrite the media with non-sensitive data. To meet this requirement, the department should be able to demonstrate for each redaction how the release of the information is likely to harm Canadian international affairs, defence or security. who participated in the disclosure discussion? Following the Court decision, privacy legislation established procedures for both seeking access to medical records and for responding to such requests.
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