Privacy laws allow disclosure of health information, privacy commissioners say

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Privacy laws allow disclosure of health information, privacy commissioners say

May 9, 2008

TORONTO - Two of Canada's privacy commissions have issued a statement stating personal health information can be disclosed in emergency situations.

The issue recently arose when the family of 18-year-old Carleton University student Nadia Kajouji blamed the Ottawa institution for failing to do enough to inform them of her depression or prevent her suicide.

Suzanne Blanchard, Carleton's vice-president of student services, said counsellors were bound by confidentiality laws.

But Ontario Privacy Commissioner Ann Cavoukian, and B.C. counterpart David Loukidelis, say privacy laws do not prevent contacting a family if there are real concerns someone might seriously hurt themselves.

Cavoukian adds that if someone uses common sense and good faith to disclose information, her office will not "come down on them," adding "privacy is important, but preserving life is more important."

Both commissioners are launching a joint project to clarify privacy laws where they apply to workers trying to decide whether they can disclose personal health information.

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