HIPAA (Title II - Administrative Simplification), and PIPEDA

The increasingly interlinked nature of global life and commerce, especially so on the North American Continent, has led to greater exploitation of the potential for synergies between Canada and the United States of America, and greater cross-border travel and business. As a result, privacy concerns over the increasing flow across this border of people, products, information, and services, led to the creation in Canada of the federal Personal Information Protection and Electronic Documents Act of 2000 (PIPEDA), as well as privacy legislation across the many Provinces of Canada.

 

Provincial privacy laws in Canada generally govern the collection and/or creation, use, and disclosure of personal information that takes place within Provinces, whilst PIPEDA - designed as a gap-filler - governs:

  • the collection, use, and disclosure of the personal information of Canadians and persons resident in Canada, that crosses Canadian Provincial boundaries or that crosses Canada’s international borders in the course of commercial transactions;
  • the collection, use, and disclosure of the personal information of Canadians and persons resident in Canada, that is done within Canada by entities in the Public Sector, and also by certain Federal Works, Undertakings, and Businesses (FWUB) of Canada; and
  • the collection, use, and disclosure of the personal information of Canadians and persons resident within Canada, that is done by Private Sector entities within those Provinces where either the provincial privacy legislation does not govern the Private Sector collection, use, and disclosure of that information; or it does, but it has not been adjudged to be “substantially similar” to PIPEDA.

Four years before PIPEDA, the United States Congress had passed the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), which governs, under Title II (Administrative Simplification), the collection, use, and disclosure of the protected health information of United States residents. With general experience in regulatory compliance, and specific experience with both HIPAA and PIPEDA, Mr. George can advise and counsel Canadian and American businesses doing business in or through Canada, on the intricacies of PIPEDA, and related laws and regulations; and he can also advise and counsel Canadian businesses involved in the United States healthcare industry, on the intricacies of HIPAA, Title II, and certain related laws and rules.

Mr. George is, or has been, a member of the Section of Administrative Law and Practice of the District of Columbia Bar Association.