Electronic Thesis and Dissertation Repository

Degree

Master of Laws

Program

Law

Supervisor

Professor Margaret Ann Wilkinson

Abstract

This thesis examines Canadian provincial and territorial personal data protection legislation as it relates to electronic health records (“EHRs”). The research categorizes Canadian jurisdictions’ approaches to EHR regulation and three models are identified. Using five criteria, the patient experience when interacting with each of the three models and a combination of the models is described, analyzed and reconciled. A fictional patient scenario is used as a tool to analyze patient interaction with the Canadian jurisdictions and the models. It is shown that, although Canadian jurisdictions use one of three separate modes of incorporating EHR-specific rules into legislation, the outcome of this variation is not entirely disparate, in terms of (a) the way EHRs are defined, and (b) the ways in which (i) consent to collection, (ii) limited use, (iii) security safeguards and (iv) patient participation are addressed.


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