What do patients need to know about their privacy and confidentiality rights?

In general, healthcare consumers want their personal health information to be kept private and confidential. When patients enter into the healthcare system, most assume their health records and information are safe and are being accessed responsibly by members of the health care team. According to Ekos Research Associates (2007), 79% of Canadians consider their health information to be moderately secure and rate their trust in nurses and doctors as very high in respect to maintaining privacy. It is reassuring as a healthcare professional to know that patients highly esteem and trust us. However, despite this high trust level it is healthcare employees who are responsible for 80% of security breaches in the U.S (Leestma, 2003). With this being said, what do patients really know about their legal rights and privacy laws? Overall, Canadians have a minimal understanding regarding what protection is in place, and of what legislation is in place both at a federal and provincial level (Ekos Research Associates, 2007). Patients should become familiar with Federal legislation that is in place: the Privacy Act and PIPEDA. As well, they should familiarize themselves with legislation passed in their own province or territory. Most people would be unaware they have legal rights to their health information, including correction of wrong information (Privacy Commissioner of Canada, 2004). As well, patients can take legal action against a nurse or an institution that releases their health information without consent (Canadian Nurses Protective Society, 2008).

Although patients trust nurses and doctors in maintaining their confidentiality and privacy, there is still fear of security breaches in respect to electronic health records. Nurses can a play a role in helping educate patients about the benefits of electronic health records such as:

1. increased portability
2. access to the information at the right time by the right person
3. aiding healthcare professionals in providing more efficient quality care
4. faster diagnosis
5. decreased medical errors
6. gives patients control over their records as access would be subject to their consent

(Siman,1999)