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Tim Sly's avatar

An excellent summary of a family of critical health record defects that exists in most developed countries to some extent, and yet is largely invisible to the general public. One serious flaw here in Canada is the absence of an effective nation-wide vaccine registry. Rummaging in the kitchen drawer for a faded vaccination card is not the most effective way of confirming when, where, and how many measles shots you've had.

Bernard Peek's avatar

One of the things necessary is a law, with teeth, that defines precisely who may access data and for what purposes. Europe already has such laws but I think they are too limited in scope and penalties are inadequate.

I would start by declaring that people have a right to be aware of data that identifies them and what use is made of it. So I would impose an obligation on whoever has access to or control over data that can identify a living individual to regularly alert that individual, explain the data they hold and justify their possession and usage. This would apply to the data however it had been collected and however or wherever it is held.

It should also be an offence to fail to take reasonable precautions to prevent unauthorised access and there should be penalties based on the type and quantity of data affected. There should also be a statutory duty to inform individuals of unauthorised access and make restitution for any harm. Exemptions should be available if the individual has given informed consent.

Corporate entities should be required to carry adequate insurance against any breaches and liabilities.

The courts should be able to bar individuals and corporations from directly handling personal data if they are proved negligent.

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