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Canadian Journal of Law and Technology

Keywords

personal health information, records management, personal health records

Abstract

This paper analyzes the regulatory regime for PHR systems in Canada. The first part of the paper consists of an introduction to some of the major issues associ- ated with these applications, with a focus on privacy, security, data quality, and interoperability. Following this preliminary discussion, the bulk of the analysis deals with the legal instruments that apply to PHR products developed by private sector organizations. Due to space constraints, the paper concentrates on legislative and regulatory instruments, deferring a discussion of the possible impacts of tort, product liability, and contract law on PHR systems. Despite this omission, it is clear that the current regulatory regime is not well suited to handling some of the challenges arising from this type of application. Given the market indicators on the popularity of PHR systems, there is need for future work in this area, both by the research community and by regulatory agencies.

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