Should “opt-out” consent be clearly permitted as an element of a contract, agreement or notice?
If the OPA were to capture health information, then there must be a recognition that signed consent is a feature of only a fraction of health care encounters. This proposal would necessitate a significant change in practice, which the OMA does not support. It is not clear whether the proposed opt-out would enable persons to prevent their information from being sent to researchers such as the Canadian Institute for Health Information and, if so, how that would be accomplished in practice. This raises the broader question of how one effectively implements the opt-out provision, given that most organizations in the health sector do not have information systems that are sufficiently advanced to prevent “flagged” information from being transmitted in a data-dump. This means that information that is believed by the individual to be protected is, actually, transferred along with all the other information. In fact, not only is the information seen and in the possession of an unauthorized third
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- Should "opt-out" consent be clearly permitted as an element of a contract, agreement or notice?
