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Health Privacy Legislation in Newfoundland & Labrador Deemed Substantially Similar to PIPEDA

October 29, 2012

Personal health information custodians in Newfoundland and Labrador are no longer subject to the Personal Information Protection and Electronic Documents Act (“PIPEDA”) in respect of the collection, use and disclosure of personal health information that occurs within the province.  

Under s.26(2)(b) of PIPEDA, the Governor in Council may, by order, exempt organizations from the application of Part 1 of PIPEDA if satisfied that the legislation of a province is substantially similar.  On October 10, 2012, the Personal Health Information Act in Newfoundland and Labrador became the third health privacy statute to be deemed substantially similar to PIPEDA.  Health information custodians subject to the Personal Health Information Protection Act in Ontario and the Personal Health Information Privacy and Access Act in New Brunswick are also exempt.


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