POLICE GET LIMITED ACCESS TO HEALTH INFO

Changes Aimed At Aiding Public Safety

REGINA -- The provincial government has enacted amendments to the
Health Information Protection Regulations to enable police officers
to obtain health information critical to drug and criminal investigations.

"We want to strike the correct balance between public safety and
protecting privacy," said Justice Minister Frank Quennell.

"We are putting in place regulations to clarify the legislative
intent of the Health Information and Protection Act. This is to
facilitate the work of the police, but it is also to clarify the
responsibilities and the extent to which health workers can disclose
information to the police.

"The purpose of these amendments is to protect individuals' personal
health information and, at the same time, ensure the safety of
communities in our province."

The regulations are something the police community in Saskatchewan
has been working toward to establish some clarity around what
information can and can't be shared, said Regina Police Service Insp.
Rick Bourassa.

"It will be very helpful," he said, explaining that having a
framework to work with will alleviate any concerns that individuals
may have had about overstepping the privacy legislation.

"These regulations will allow us as police officers to receive
information on sort of the general condition of somebody when we are
conducting a criminal investigation and it will also allow us to get
information on pieces of potential evidence that may be at certain
scenes that health people have been involved with."

The amendments will improve communication between the health sector
and police agencies in Saskatchewan and bring the province's
regulations in line with similar rules in Ontario, Manitoba, Alberta
and British Columbia, Quennell said.

However, he said Saskatchewan's proposed regulations are much
narrower in respect to the circumstances and the information that can
be provided than in a number of provinces.

"Manitoba, Ontario and B.C. all have much broader language that
applies to all provincial offences and other police investigations.
We are limiting the ability of the police to ask for information in
those cases where there are indictable offences or lawful
investigations under the Criminal Code or Controlled Drugs and
Substances Act," Quennell said.

Police may request personal health information from health
authorities only when they conduct Criminal Code or Controlled Drugs
and Substances Act enforcement or investigations, execute arrest
warrants, serve a subpoena or are trying to locate a missing person
who may have recently sought care at a health-care facility.

The information that can be released by hospital and emergency
services personnel is limited to the health facility where the
individual received health services and/or the nature and severity of
an injury suffered by the individual.

The regulations also enable health authorities to disclose the
personal health information of a deceased person to a coroner.

Each request for information will be assessed to determine what
information is needed and why it is needed.

Health-care providers and police officers will receive training about
their responsibilities under the amendments.