Thank you, Mr. Speaker. Mr. Speaker, I usually take this opportunity to talk about issues specific to Hay River, but, believe it or not, there are important issues beyond Hay River's borders as well. Today, I am using my Member's statement to inform the public about an issue that affects everyone in the territory.
In 2015, the NWT's new Health Information Act came into force. The act establishes the rules for the collection, use, disclosure, and security of every resident's personal health information. It is intended to balance one's privacy with the need to provide healthcare services. The Department of Health and Social Services, regional health authorities, pharmacies, and healthcare providers in the private sector are all governed by the act.
Individuals are given important rights under the act, including the right to set limits on the collection, use, and sharing of your personal health information; the right to withdraw your consent for the collection, use, or sharing of your personal information; and the right to access and be informed about the use and sharing of your personal information.
These rights are based on the concept of implied consent, meaning that, if you access healthcare services, you are agreeing for your information to be shared. If you wish to limit the use of your information, you can do so, but the conditions must be put in writing. However, the mechanisms to enforce these wishes don't seem to exist.
In her most recent annual report, the NWT's Information and Privacy Commissioner raised some serious concerns with how this legislation is being implemented and stated there is still much work to be done to ensure compliance with the new obligations that the act places on those who can access your information and to ensure public awareness of the rights the act provides.
The Commissioner also noted that the act requires the Department of Health to undertake a privacy impact assessment whenever there is a proposed change to an information system relating to the collection, use, or disclosure of personal health information.
The Information and Privacy Commissioner stated that the Department of Health and Social Services contravened the act by not doing this in advance of the amalgamation of the health boards, which the Minister referred to today as the "system transformation." The department's decision was made despite the recommendations of the 17th Assembly's Standing Committee on Social Programs that it do so.
I agree with the Commissioner's assessment, and I believe that the department's interpretation of the legal requirement to conduct a privacy impact assessment is flawed.
The government has stated that the department takes the privacy concerns of patients and clients very seriously, yet they are refusing to undertake a privacy impact assessment, even though our Information and Privacy Commissioner is telling them that the law requires them to do so. Later today I will have questions for the Minister on the implementation of the Health Information Act. Thank you, Mr. Speaker.