IQALUIT - Nunavut plans to introduce electronic health records, but there are no laws in place to protect patient information, said the territory's information and privacy commissioner.

Information and Privacy Commissioner Elaine Keenan Bengts said legislation is needed to protect patient information when the Nunavut Government introduces its electronic health record system this year. She appeared before members of the GN's standing committee at the Legislative Assembly on Oct. 1. - Emily Ridlington/NNSL photo

"The Access to Information and Protection of Privacy Act has privacy rules but no oversight and no way to address breaches," said Elaine Keenan Bengts, appearing before the GN's standing committee at the Legislative Assembly on Oct. 1 to review her 2009-2010 annual report.

Keenan Bengts, under current legislation, would not be able to investigate privacy violations for electronic health records.

The Department of Health and Social Services expects to launch the service, called the Nunavut Interoperable Electronic Health Record Project (EHR), sometime in the early winter, said Martin Joy,

director of health information.

Doctors and other health professionals would be able to access patient information electronically, reducing the amount of paper used. Joy said it will make the system more efficient as papers are now flown across the territory and down south when patients are medevaced.

"We are waiting weeks for information and we will be able to turn that into instantaneous results," said Joy.

Records in the system will include basic patient information, lab results and x-rays.

The system Nunavut plans to use is put out by Medical Information Technology Inc., which Joy said is used in 35 per cent of the country. The territory started working on this in 2008 and is in the third year of the five year project. Most of the funding for the project comes from the federal government through Canada Health Infoway, an independent not-for-profit corporation designed to help implement EHRs across Canada.

While Keenan Bengts said properly controlled electronic record systems can be more secure, she also said they are easier to access and manipulate. She compared it to an e-mail, saying it would be easier to hack into and there are more privacy risks.

Officials working on the system are including privacy protection measures, but legislation would serve as additional protection.

"If Nunavut lags too far behind it may never catch up," she said.

Joy said there will be an auditing and monitoring done of who has access to the files. For example clerks would only have access to information needed to admit a patient.

At present, if there was a privacy breach and electronic health records were shared, an individual would have no one to go for assistance to see what their options are.

"You're talking about health information that can be really devastating," said Keenan Bengts.

With the government planning to introduce the system before going through the legislation, MLA for Quttiktuq Ron Elliott asked the information and privacy commissioner if she sees any problems in doing this.

"They are not convinced legislation is necessary, the fact is that every other jurisdiction in Canada feels that it is necessary makes me wonder why it wouldn't be necessary here," she said.

Keenan Bengts told Elliott and the other members of the assembly she thinks the legislation should come before an electronic record system is put into place.

The system will be phased in and will take five to 10 years before it is fully implemented, Joy said.

Staff at health centres will be trained to use the system and will receive privacy and security training.

Elliott asked if the government has explored any kind of legislation, perhaps health specific privacy legislation, which the commissioner said would be ideal.

"I would guess it may be a matter of priorities, this simply isn't one of them," Keenan Bengts said.

When asked by reporters if it was a question of budget, she said the cost would be low and that all would be needed would be an amendment to the existing Access to Information and Protection of Privacy Act.

This is not the first time Keenan Bengts has made the same recommendation regarding electronic health records.

MLA for Nanulik Johnny Ningeongan expressed concern that there have not been any follow-ups done to see if the government was implementing any of Keenan Bengts' recommendations.

She said she shares this frustration.

"Some of the recommendations I've made in my annual reports have been made in each and every one of my 11 reports to this Legislative Assembly," she said.

Ningeongan said to his fellow members they must look beyond the excuses the government is making.

The government has up to 120 days to respond to the report's recommendations.

We welcome your opinions. Click here to e-mail a letter to the editor.