JUNE 15, 2007
VOLUME 4 NO. 11

POLICY & POLITICS
ASK THE HEALTH LAWYER BY LONNY ROSEN

Doc's stolen laptop a lesson in how not to store patient info


Dear Lonny
I'm a specialist involved in a bunch of clinical trials at different sites. Because I move around a lot I keep all of my patient data on my laptop, which I carry with me at all times. Recently one of my co-investigators started nagging me about this, saying it's a breach of privacy law. Is he right?

—Confused About Computer Rules

Dear Confused
Your colleague probably heard about the case of the Toronto Sick Kids physician who had his laptop swiped from his van. The computer contained data from several on-going trials and included detailed info on 2,900 patients, including their HIV status. Though the computer was password protected, the data was not encrypted. The Information and Privacy Commissioner of Ontario was not impressed and determined that Sick Kids' had not taken steps that were "reasonable in the circumstances" to ensure the protection of health information. The hospital was ordered to implement new privacy policies and to train its staff about privacy issues. I'm afraid this decision sends a clear message that sensitive patient information should never be stored on a laptop (or even sent by email) unless it's de-identified or encrypted. I'd recommend you keep your data on the servers of your research sites and access it through a VPN connection. So sorry, but your colleague is right on this one.

CAREENING DOWN INFO HIGHWAY
Dear Lonny
I recently joined a group practice where a computer terminal connected to the internet is available to patients in the waiting room to keep them occupied while they wait. I recently found it serves another purpose. My new colleagues tell me they regularly send their patients to medical websites instead of "wasting time" explaining the basics of various diseases and their management. They urged me to do the same. At first, I was sceptical, but I found it really saves me time. Is it legally kosher?

— Snagged by the Net

Dear Snagged
The internet has changed physician-patient interactions in many ways. Patients now arrive at appointments armed to the teeth with medical info gleaned from the net, and frequently challenge their docs about care decisions. To physicians, this can be a double-edged sword: one the one hand, score one for patient literacy; on the other, patients are as likely to get their information from questionable sources as reputable ones, and you have no way to gauge if they understood what they read, or even read the right stuff. I totally get that today's family docs are run off their feet and seeing more patients faster seems like a good idea. But when it comes to counselling patients, you really shouldn't leave it to the net. Imagine how terrible you'd feel if they opted for some bogus herbal concoction they found online instead of taking what you prescribed? When it comes to disease management or a discussion of risks and benefits of a course of treatment, you really have to explain this to the patient as if they have no prior information. And always document your discussion in the chart.

 

Each month Lonny J Rosen, a partner in the Health Law Group at Gardiner Roberts LLP, will answer your burning medical-legal questions. Got a question for Lonny? Send it by email to [email protected] or by fax to 514-397-0228

This column is intended to convey brief and general information and does not constitute legal advice. Readers are encouraged to speak with legal counsel to understand how the general issues discussed in this column apply to their particular circumstances.


http://www.ontariohealthlaw.com

 

 

back to top of page

 

 

 

 
 
© Parkhurst Publishing Privacy Statement
Legal Terms of Use
Site created by Spin Design T.