PACC Committee Report

CONCLUSION

The privacy rights of individuals and the access to medical information required by health care providers occupied much of the discussion during the Committee’s hearings. Personal medical information is extremely sensitive and vulnerable to abuse if handled improperly. Although great care has to be exercised in gathering, storing, and sharing this information, health care professionals must have it if they are to perform the duties society has entrusted to them. Accordingly, a careful balance has to be maintained between ensuring that individual privacy rights are protected and allowing access to information by those whose professional responsibilities require it. The Committee received the impression that Health Canada ? acting under advice ? had allowed the balance to tip in favour of protecting individual privacy rights. As a consequence, the ability of conscientious health care providers to protect the health of individuals has been compromised.

Health Canada decided to cease its interventions because it was advised that its approach might have contravened the federal Privacy Act. It has since sought to establish a consent mechanism that would allow it to share information on individual prescription drug use while conforming with the Act. It is also exploring ways to have this information made available to regulatory bodies without getting directly involved, thus avoiding coming into conflict with the terms of the Act. The Committee remains concerned that hoped-for goals of the proposed consent regime will not be achieved. As for the Department’s other approach, it remains to be seen whether it will have a real impact in better controlling access to drugs that are potentially harmful if abused. As it stands, the information needs of prescribing physicians have yet to be addressed. The Committee believes that changes to the Privacy Act could allow the sharing of information between health care providers and therefore recommends:

RECOMMENDATION 26

That Health Canada ask the government to amend the Privacy Act if necessary in order to clarify that health care providers can share the personal medical information of individuals among other health care providers.

The Committee expects that the Department will: quickly redouble its efforts to resolve these difficult issues, rigorously monitor the results, and report the outcomes to Parliament on a regular basis. The Department has committed itself to achieving real progress on the Auditor General’s recommendations, and the Committee looks forward to reviewing the results of the next audit, which is scheduled in two years.

In closing, the Committee wishes to leave the last word to Mrs. Stonechild:

We can’t keep letting First Nations people die over this carelessness of the government, of doctors, pharmacists. All information, …, should be shared so it doesn’t continue. I’m asking, please make these changes soon. I don’t want to see any more people die. I want to see my grandchildren live a healthy life, not relying on any kind of drug to cover up their feelings and to be healthy. Please do something, I’m asking. Don’t let it continue. 

Pursuant to Standing Order 109, your Committee requests that the Government table a comprehensive response to this report.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 10, 20, 21, 27 and 34) is tabled.

Respectfully submitted,

John Williams, M.P.
Chair