Which laws impose legal obligations on health information custodians to maintain privacy?

The choice referring to privacy laws is correct as it encompasses the legal framework that governs the handling of personal health information by health information custodians. Privacy laws are designed with the primary intention of protecting individuals’ personal information and ensuring that custodians implement safeguards to maintain the confidentiality and integrity of that information. These laws create a formal obligation for custodians to protect privacy, establish guidelines for the collection, use, and disclosure of personal data, and afford individuals certain rights regarding their information.

While PIPEDA (Personal Information Protection and Electronic Documents Act) specifically addresses personal information in the private sector and constitutes a significant federal requirement regarding privacy, referring to privacy laws in a broader sense encompasses both federal and provincial regulations across Canada. Similarly, provincial laws can set additional privacy standards applicable to health information custodians but do not capture the entirety of privacy obligations comprehensively.

Security laws, on the other hand, typically focus on the safeguarding of data rather than the privacy aspects directly. The security of health information is indeed crucial, but it complements the foundational principles set forth in privacy laws rather than serving as the primary source of obligations regarding privacy.