Based on all reports, the global pandemic and the resulting move to “work from home” has caused the cyber risk to organizations to elevate. As organizations move beyond the immediacy of the crises and begin to plan for the medium term, it is a good time to revisit cyber security and, in particular, the risks associated with increased reliance on remote work.
Practice Area: Information, Data Security & Privacy
Ontario Proposes Regulations on Interoperability Specifications that Pertain to Digital Health Assets Selected, Developed or Used by Health Information Custodians under PHIPA
On May 22, 2020, Ontario’s Minister of Health (MOH) issued a notice of proposed regulation pertaining to interoperability specifications for digital health assets under the Personal Health Information Protection Act, 2004 (PHIPA). Under the proposed regulation, a “digital health asset” (DHA) means a product or service that uses electronic means to collect, use, modify, disclose,…
FOI Reconsideration Order Highlights Important Timing Issue for Ontario Institutions
On May 14th, 2020, the Information and Privacy Commissioner/Ontario dismissed a request for reconsideration based on an asserted change of circumstances, a somewhat common happening given the lengthy period of time it now takes to process a freedom of information appeal.
Ensuring a Successful Return to Work in a COVID-19 World
As governments start lifting orders and directives made under the Emergency Management and Civil Protection Act (or similar legislation in other jurisdictions), it is understandable that employers and employees alike are anxious to return to their ‘pre-COVID-19 normal’. However, in order to ensure a successful return to work during the largest pandemic in modern history, it is crucial that employers turn their minds to the unique labour and employment issues created by COVID-19 and reopen with a solid return to work plan in place.
Cloud E-mail Grievance Dismissed
Arbitrator Etherington recently dismissed a grievance that challenged a university’s decision to provide its faculty with cloud-based e-mail service.
Ontario Gives Hospitals More Flexibility in Respect of Credentialing Processes
On May 1, 2020, the Ontario government made a new temporary emergency order under the Emergency Management and Civil Protection Act which gives Hospitals more flexibility in respect of their credentialing processes.
Ontario Proposes Regulations on Reporting Obligations of Health Information Custodians under PHIPA and on Electronic Health Records
On May 2, 2020, Ontario’s Minister of Health issued notice of proposed regulations that (1) provide clarity on the existing reporting obligations of Health Information Custodians under the Personal Health Information Protection Act, 2004 (PHIPA) and (2) empowers Ontario Health to develop and maintain amalgamated Electronic Health Records (EHRs) while refining the rules relating to…
Ontario Permits Certain Clinicians to Access Personal Health Information Through the Provincial Electronic Health Records
On May 1, 2020, the Ontario government made a new temporary emergency order under the Emergency Management and Civil Protection Act which authorizes certain persons access to provincial electronic health records.
Emergency Order Allows First Responders Access to COVID-19 Information
The Ontario government has made an order under the Emergency Management and Civil Protection Act (EMCPA) which allows specified first responders to have access to “COVID-19 status information” about persons with whom they are coming into contact in the course of their duties. The government announced that the information will be used solely for the purpose of permitting first responders “to take appropriate safety precautions to protect themselves and the communities they serve.”
Extraordinary Times – Limitations on Liberty and Privacy under the Health Protection and Promotion Act
On April 1, 2020, Ontario’s Chief Medical Officer urged his local public health counterparts to order COVID-19 patients and their contacts into quarantine. The situation, according to the Chief Medical Officer, is such that measures need to be put in place in order to manage this pandemic. Extraordinary times call for extraordinary measures and implementing the broad order-making powers of medical officers of health under the Health Protection and Promotion Act (HPPA) may be where we are headed. This means placing limitations on a person’s liberty and privacy.