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Health Sector Privacy Officer Training October 18, 2018

Health Sector Privacy Officer Training 

 Here are the details you’ve been asking for!


October 18, 2018 (in person in downtown Toronto or via webcast, your choice) +

Twice monthly teaching sessions, resources & online community to end of March 2019


As health care organizations and providers, your privacy practices are under scrutiny from your patients, residents or clients (and their families), the courts, the media and the Information and Privacy Commissioner of Ontario (IPC/O). Attorney General prosecutions are underway under the Personal Health Information Protection Act (PHIPA), and class actions have been filed in the courts. This year, Bill 119 amended PHIPA in numerous important ways (including doubling the fines to up to $100,000 for individuals and $500,000 for organizations and requiring reports to the IPC/O of certain privacy breaches and reports to regulatory Colleges).


This course focuses on Ontario legislation, but is of value to any health sector Privacy Officer. It will give you confidence in your role by giving you the information and skills you need to succeed as a Privacy Officer or as:


  1. A Chief Information Officer
  2. A person with a Privacy Officer reporting to you, or
  3. If you advise organizations that are subject to health privacy requirements or create related health policy


You receive:

  • A full day session in downtown Toronto (or via webcast, the choice is yours) where we will launch the community and tackle some of the tough issues
  • An additional weekly or biweekly set of webinars, videos, resources and intensive instruction from a leading legal educator in the field, most in real time
  • 30+ hours (up from the previous course that was 20 hours) with flexibility to learn at a pace that works for you, and with the support of a community
  • The most current information on privacy practices and expectations for health care organizations
  • Practical and dynamic skills training for adult learners using scenarios, stories, quizzes and practical applications for your environment
  • Sample tools to adapt to your organization for your everyday use, including these templates:
    • Privacy program checklist and document checklist
    • Privacy policies
    • Annual confidentiality pledge for all staff, students, volunteers and researchers
    • Privacy communiques (to customize and circulate as evidence of your due diligence)
    • Board update on privacy
    • Privacy impact assessment resources
    • Privacy breach checklist
    • Privacy breach notification/script
  • A privacy library
    • The primary Ontario privacy resource – “Guide to the Ontario Personal Health Information Protection Act: A Practical Guide for Health Care Providers” (H. Perun, M. Orr, F. Dimitriadis, Irwin Law, 2005)
    • Online resources compiled for you, so you do not have to search them out yourself
  • Strategies to assist you to work through your organization’s documents
  • A report card you complete at the end of the course to share with your Board or supervisor to demonstrate your organization’s privacy compliance status and privacy priorities (or gaps, if any)
  • A letter outlining the training you have received, for your organization’s due diligence


DATE & LOCATION – October 18, 2018 – Vantage Venues at 150 King St W., 27th Floor, Room S7, Toronto, ON (King St. W. and University Ave.)





Cove Academy is a new and innovative training platform. Our lead trainer in the course is Mary Jane Dykeman, a Principal of Cove Academy and lawyer at DDO Health Law. We bring experience, humour and vitality to each training session. We work with health care organizations across the continuum of care (from primary to quaternary care, community and social services, academic centres, as well as children’s, seniors’ and mental health and addiction providers). We know exactly why PHIPA was drafted as it was, the nuance of PHIPA’s application within your environment, and the common and complex issues Privacy Officers and others working in privacy face daily. We have developed scenarios that will resonate with you.



  1. Recent developments, risk management and due diligence (Day 1 session and throughout the course as new orders and decisions of IPC/O arise)
  2. The privacy basics, including general limiting principles and collection rules
  3. Privacy compliance overview
  4. Creating and reinforcing a culture of privacy
  5. Security & safeguards, including the ins and outs of audits and increasing number of shared systems
  6. Consent and capacity in the PHIPA context
  7. Secondary Uses and Disclosures
  8. Disclosure to third parties
  9. Who is the health information custodian?
  10. Privacy breach investigation & response
  11. IPC/O orders and decisions – what you need to know
  12. How to create and show due diligence
  13. Attorney General prosecutions – what we know so far
  14. Dealing with the media
  15. Tips for training staff whether you are a large or small health information custodian
  16. Circle of care and lockbox
  17. Access & Correction
  18. Special rules related to children
  19. Special rules in mental health settings

Q&A – What keeps you up at night?

Q&A – What keeps you up at night?

Overwhelmed? Don’t know what you don’t know?

By signing up for this course, you will confidently be able to:


  • Understand basic privacy terminology such as: personal health information (PHI); health information custodians (HICs); agents; collection, use, and disclosure; circle of care & lockbox; privacy impact assessments (PIAs); and threat risk assessments (TRAs)
  • Explain the rights individuals have to privacy
  • Identify the basic “consent rules” of privacy and the exceptions to those rules
  • State the situations where your organization can collect, use and disclose PHI with and without consent
  • Understand the role of the IPC/O
  • State the possible consequences for privacy breaches and poor privacy practices with knowledge of current cases and referrals for prosecution
  • Identify the 7 main sources of the privacy laws, rules and best practices in Ontario
  • Use our 15 point Privacy Program Checklist to evaluate how well your organization is doing with its own privacy compliance and present an update to your Board
  • Articulate a strategy for your organization’s privacy program launch or refresh
  • Organize your privacy binder/electronic folder by using our Privacy Program Documentation Checklist
  • Launch or refresh your orientation program for new staff, students and volunteers to include:
    • Privacy policies (samples provided)
    • All staff training (in-house training is an optional extra service option we can provide to you)
    • Confidentiality pledge (sample provided)
    • Board training (customizable PowerPoint provided)
  • Launch or refresh your privacy program to include:
    • Timelines for updating privacy policies
    • Schedule for annual training
    • Annual confidentiality pledge (sample provided)
    • Email reminders/newsletters to all staff on a regular basis (subscription is an extra service option available to receive monthly emails to send to all staff)
    • Follow up with all staff if there is a privacy breach
    • Random audits (messaging to staff, frequency and scope)
    • Respond to common challenges in engaging staff, physicians, students and volunteers
  • Identify the 3 categories of safeguards under PHIPA: physical, administrative, and technological; and common examples of how to protect the PHI you hold
  • Read and understand a PIA and TRA
  • Determine when you can conduct your own and when to solicit an external PIA or TRA
  • Conduct random audits of an electronic health record system and identify suspicious activity
  • Identify and respond to the areas of greatest risk for health care organizations
  • Differentiate between express consent, implied consent and no consent
  • Understand the difference between consent and notice
  • Understand who can make substitute decisions and under what circumstances (especially for young children, incapable adults or deceased persons)
  • Explain the circle of care to patients and staff
  • Identify the key opportunities and issues of concern with shared care models (such as HealthLinks)
  • Explain a lockbox to patients and staff (brochure and information sheet provided)
  • Identify what a lockbox looks like in an electronic health record
  • Provide sample language to your clinicians for communicating with external health care providers when there is a lockbox restricting disclosure
  • Explain to patients and staff when you need patient consent to engage in an activity and when you do not
  • Strategize within your own organization about who is authorized to engage in secondary uses and disclosures – and who is not
  • Identify the key opportunities and issues of concern when participating in large health sector quality, efficiency and reporting initiatives
  • Understand the key elements of a data sharing agreement
  • Identify a situation when you are being asked to be a health information network providers and understand the responsibilities of fulfilling that role and potential consequences of failing to meet those responsibilities
  • Process simple access and correction requests (and identify situations where you need expert advice)
  • Address individual requests for access to “family records” where there is a single record for multiple patients (e.g. in some counselling settings, or in situations where information about a newborn remains in the mother’s record)
  • Identify key situations where your organization is required by law to disclose PHI (mandatory disclosures)
  • Avoid an order for deemed refusals of access
  • Respond to common complicated situations in third party disclosure, with or without consent, including:
    • Parents, Insurance companies, Lawyers and courts, Regulatory bodies: Workplace Safety and Insurance Board, College of Physicians and Surgeons of Ontario and other health regulatory Colleges, Ministry and health sector partners (including for anonymized data), Police, Children’s aid societies, requests for records to be brought to court and/or for evidence to be given (including the nuance for mental health records)
  • Conduct your own privacy breach investigation
  • Determine when to ask for an external investigator to complete an investigation
  • Notify affected patients in the case of a privacy breach
  • Write a privacy breach report
  • Anticipate how to work with the IPC/O
  • Manage common questions from the media
  • Determine the level of detail to share with other staff not involved in the breach
  • Determine the appropriate disciplinary consequences for a privacy breach
  • Update your policies and privacy practices to reflect these new developments



Here’s what previous registrants had to say about this course:

  • The instructors and team . . . are healthcare privacy experts and this course is a valuable resource for all healthcare Privacy Officers. The training provided me the knowledge to transition into my new role confidently.
  • I really appreciated the templates! As an ED who wears many hats, this was a huge time saver and plus gave me the relief that we have in place what we need now.
  • The tools were excellent. We are developing a privacy framework in this LHIN with consultants but internally I also needed help to emphasize the importance of privacy.
  • Liked it all, but what really made this course different was that the trainers are actually the subject matter experts and as such, questions could be answered in depth.
  • The depth of knowledge and hands on experience of the trainers is what makes this training superb.
  • The instructors were very knowledgeable and because it related to healthcare, very relevant. Was great to have feedback from other health organizations.
  • Real life examples go a long way to proving how real privacy issues are and the consequences for them.

Contact our e-learning and event coordinator to register at

Mental health comes out of shadows (The Lawyers Weekly)

Mary Jane Dykeman wrote a piece “Mental health comes out of shadows” for The Lawyers Weekly Health Law Focus. Click title for PDF version.


Proposed Changes to PHIPA through Bill 119 Blacklined – Not Official Copy


This week the Ontario government introduced Bill 119, which proposes to amend the Personal Health Information Protection Act, 2004 (PHIPA).  DDO Health Law has prepared a blacklined version of PHIPA so it is easy to see the proposed changes. Please click the title “Proposed Changes to PHIPA through Bill 119 Blacklined” above for a PDF version that you can download.

Caution: This is for general information purposes only and is not an official version.  These changes are not yet law and there may be further future amendments.  Please contact us if you have questions.

Mary Jane Dykeman

Kate Dewhirst   

Kathy O’Brien   

CASL (Anti-Spam) Toolkit for the Health Sector

DDO is pleased to announce the release of its CASL (Anti-Spam) Toolkit.  Though Canada’s anti-spam legislation regulates more than just spam, our Toolkit focuses solely on its section 6 spam provisions.

Does CASL apply to your organization?

Many health care organizations have asked us whether CASL applies to them.  It likely does.  If you, your staff, your Board members or your volunteers ever send email or text messages to your stakeholders for commercial purposes, there are new rules you will have to follow as of July 1, 2014.

Who can benefit from the Toolkit

Our Toolkit will be valuable to you if your organization is:

  • a hospital
  • a foundation
  • a health care charity
  • a family health team or nurse practitioner-led clinic
  • a long-term care home
  • a community health centre
  • a mental health or community-based agency
  • a member-based association
  • a shared services organization
  • an association for regulated health professionals, or
  • a regulated Colleges.

Unfortunately, CASL is complicated.  And there are no simple answers to the questions:

  • Do we have to get permission from everyone in our database to continue to send email messages?
  • Do we need to change our email and text messaging practices?
  • Isn’t there an exclusion for charities so we don’t have to comply with CASL?

Our general answer to those questions is: It depends. The analysis depends on the type of email or text messages you send and towhom and for what purposes.

How our Toolkit can help you

This Toolkit will help you work through:

  • which of your email and text messages count as “commercial electronic messages” and which messages are not covered by CASL
  • how to approach your stakeholder database – and how to decide when you should ask for express consent for your stakeholders to stay on your email mailing list or when to rely on “implied consent” or “business to business” relationships (Note: Express consent may NOT be the way to go)
  • how to use the fundraising exception if your organization is a registered charity
  • how to set up your email systems going forward to automatically comply with CASL
  • alternative ways to communicate with stakeholders that are not covered by CASL (such as by fax or phone)
  • what to do if you are still not compliant after July 1, 2014.

Getting the Toolkit

If you are interested in purchasing a copy of the Toolkit, please contact Franca Latino at 416.967.7100 ext 242 or via e-mail at

Risk Management Issues in Health Research Conference

Agenda and Registration form for May 27th, 2013 Conference