Your home care agency deals with large amounts of highly personal information. And unlike some care businesses, you cannot keep all that information on-site. Your caregiver workforce has to access patients’ personal health information on the go.

Here’s what you need to know about PIPEDA and ensuring home care compliance.

What Is PIPEDA? 

The Personal Information Protection and Electronic Documents Act (PIPEDA) is a federal data privacy law. It sets out how private Canadian businesses collect, use and disclose personal information.

PIPEDA protects Canadians’ personal security by ensuring that data is only collected and shared with consent and for legitimate purposes. It also requires organizations to ensure that their data is correct and securely stored and destroyed.

Does PIPEDA Apply to Your Private Home Care Business?

Although PIPEDA is a federal law, not all Canadian businesses are subject to it. Some provinces, such as Alberta, British Columbia and Quebec, have published their own private-sector privacy laws. 

A provincial privacy law that’s “substantially similar” will take precedence over PIPEDA. However, there is one major exception. If your private home care business operates across provincial or national borders, you will still need to comply with PIPEDA.

You also won’t have to follow PIPEDA if you’re a not-for-profit or charity home care organization.

The 10 Principles of PIPEDA

PIPEDA has 10 principles:

1. Accountability: Organizations must appoint someone responsible for ensuring PIPEDA compliance.

2. Identifying purposes: Organizations must identify and document the purposes for collecting data.

3. Consent: Organizations must obtain meaningful consent.

4. Limiting collection: Information can only be collected by fair and lawful means to fulfill a legitimate identified purpose.

5. Limiting use, disclosure and retention: Personal information should only be kept as long as required.

6. Accuracy: Organizations must minimize the possibility of using incorrect information.

7. Safeguards: Personal information must be protected against loss, theft, or unauthorized access, disclosure, copying, use or modification.

8. Openness: Organizations’ personal information management practices must be readily accessible, clear and easy to understand.

9. Individual access: Individuals have a right to access their personal information.

10. Challenging compliance: Individuals must be able to challenge your organization’s compliance, and you must have a complaints process.

You can read about each principle in greater detail here.

How Your Home Care Business Can Stay Compliant with PIPEDA

1. Appoint a Privacy Official 

Your home care business’ first step should be to appoint a designated privacy official. You must publish their name or title both internally and externally, e.g. on your website.

2. Conduct a Privacy Impact Assessment and Threat Analysis

Your privacy official needs to conduct a privacy impact assessment and threat analysis of your home care agency’s personal information handling practices. 

3. Create Privacy Policies & Procedures 

The Office of the Privacy Commissioner recommends creating policies for:

• Defining the purposes of collection

• Obtaining valid and meaningful consent

• Limiting collection, use and disclosure

• Ensuring information is correct, complete and current

• Ensuring security measures are adequate

• Developing or updating a retention and destruction timetable

• Developing and implementing policies and procedures to respond to complaints, inquiries and requests to access personal information

• Developing, documenting and implementing breach and incident-management protocols

• Documenting and implementing risk assessments

• Developing, documenting and implementing appropriate practices for third-party service providers

• Developing, documenting and delivering appropriate privacy training for employees

4. Use Secure Home Care Software 

PIPEDA doesn’t specify which security measures your home care business needs to implement. But, the Office of the Privacy Commissioner stresses the importance of up-to-date technology, including passwords and encryption, and organizational controls, such as limiting access and security clearances.

Your home care software should come with encryption and a regularly updated app. Make sure it’s easy to restrict and update access to patient information.

5. Obtain Meaningful Patient Consent 

PIPEDA requires your home care agency to obtain meaningful consent before collecting, using and disclosing data. For consent to be meaningful, your clients must understand what they are consenting to. And, clients must also be able to withdraw consent at any time.

When collecting consent, make sure you specify in plain language why you need the data and how you will use it. Include information about how to withdraw consent in the consent form. Store the consent forms in your home care software. And don’t forget to obtain updated consent forms if your usage changes.

Stay Secure with Compliance-Oriented Home Care Software

ShiftCare’s home care software doesn’t just help you schedule staff and issue invoices. It also helps you manage client documentation, from consent forms to medication records and care notes. The secure caregiver app means your care staff has access to all the client information they need — and nothing more.

Try ShiftCare for free.

What steps should home care providers take to ensure compliance with PIPEDA?

Home care providers should develop and implement a comprehensive privacy policy, obtain informed consent for the collection and use of personal information, ensure data accuracy, and establish secure data handling practices. Regular staff training on privacy policies and procedures is also essential.

How can home care providers safeguard personal information under PIPEDA?

To safeguard personal information, providers should use strong encryption for digital records, secure physical storage for paper records, and implement access controls. Regular audits and reviews of data protection measures help maintain compliance and identify potential areas for improvement.