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Privacy & Access to Information in Health

Fasken can provide advice on all aspects of federal and provincial privacy and freedom of information legislation. We were the lead authors of the Ontario Hospital Association’s Hospital Freedom of Information (FOI) Toolkit: A Guide to the Freedom of Information and Protection of Privacy Act and regularly work with clients to embed privacy-by-design into their operations.
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Collecting and sharing personal information for healthcare, research and health system administration is a complex endeavour


Compliance with privacy laws is one of the biggest challenges facing health sector organizations as electronic records, new technologies and IT outsourcing are adopted at higher rates.


Apart from privacy related services such as audits, policy and procedure development and compliance programs, we can advise on data governance, sharing and processing agreements and cross-border data transfer requirements.


Other issues we help with include unauthorized collection/use/disclosure, ownership issues with respect to patient records, patient complaints and Privacy Commissioner investigations.


Fasken acts for hundreds of health organizations across Canada. We work with private and public entities as well as non-profits and corporations whose activities intersect with the system. Our clients include hospitals, private clinics, health authorities, long-term care homes, healthcare professionals and their regulatory colleges, home care companies and independent health facilities among others.


Our team is recognized for its deep experience and trusted relationships with a wide range of health sector clients in each of our regional markets, as well as national-level expertise. We share ideas and collaborate with clients wherever and whenever we can.


Subscribe to our “Health Law Bulletin”, browse some of the recent healthcare work we’ve assisted with or contact any of our lawyers to learn more. 


Client Work

  • Patient intake software company seeks guidance from Fasken on work permit applications for over 20 software professionals located in the Commonwealth of Independent States to grow its Canadian operations, Ongoing since April 2022
  • Negotiation for the redaction of confidential business information to be released under Health Canada’s Public Release of Clinical Information initiative,
  • Good2Go2 & Canadian Teleradiology Services close $3 million private placement offering,


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