The Justice Centre for Constitutional Freedoms (JCCF) has announced that they’ve launched a legal challenge in the Supreme Court of Nova Scotia against recent modifications to the province’s medical privacy laws.
Recent amendments to the Personal Health Information Act (PHIA) were enacted within the government’s budget law, granting the government the ability to access private medical records without patient consent.
Legal representatives affiliated with the JCCF are representing a diverse group including Dr. Chris Milburn, Dr. Aris Lavranos, and the Nova Scotia Civil Liberties Association.
“No one in Nova Scotia should lose control over who gets to see their private medical information,” lead counsel James Manson said. “That information should stay between them and their health care team.”
Government officials stated that the amendments to PHIA were made to improve health system management, allocate resources effectively, and develop electronic health records for Nova Scotians.
But the JCCF argues that these purposes could be achieved without compromising privacy by using anonymized data instead of identifiable medical records, and that the forced disclosure of personal medical information without consent violates the Canadian Charter of Rights and Freedoms, specifically Sections 7 and 8, which protect personal security, liberty, and against unreasonable searches or seizures.
“Once formally commenced, it is expected that the application will take several months to get to a hearing,” they stated.
