Six Things to Know about Privacy as an Online Health Coach!
Being an Online Health Coach allows you to provide valuable health services in a modern – technology forward way, where you not only help them achieve vibrant living, but can help them do it from the comfort of their home. Not only do you need to be passionate and knowledgeable of the evolving landscape in your industry, when operating online, you must also abide by Canadian Privacy Laws.
The client-coach relationship of a Health Coach is by nature a private and personal relationship, and you want to ensure you keep it that way by staying PIPEDA compliant.
1. WHAT IS PIPEDA
PIPEDA is short for “The Personal Information and Electronic Documents Act”. It is a Canadian Privacy Law that applies to commercial activities in the private-sector when any form of personal information is collected, stored, used, or disclosed over the course of the relationship. All Health Coaches fall under this category and must abide by this legislation.
2. DOES PIPEDA APPLY TO MY HEALTH COACHING BUSINESS?
PIPEDA applies to Health Coaches who operate within select provinces, cross-provincially, and within federal territories of Canada. It does not apply to Health Coaches who operate exclusively in Alberta, British Columbia or Quebec. This means if you are a Health Coach in Ontario, you are subject to PIPEDA. If you are a Health Coach in British Columbia with clients in other provinces across Canada, then you also are subject to PIPEDA.
3. WHY DOES PIPEDA APPLY TO HEALTH COACHES?
Health Coaches often request, or require, select information from a client’s medical history, such as current medications or nutritional supplements. While this is okay to do, we also have to keep in mind PIPEDA. This means, as a Health Coach, that you must obtain your client’s consent when collecting, using or disclosing the client’s personal information. Once you’ve obtained that consent, you can (1) ONLY use your client’s personal information for the purpose for which it was intended and (2) you MUST keep all client information and records confidential. This means you must make every effort to ensure your client’s personal information is safe and secure. (When running a virtual practice, it’s incredibly helpful to ensure your cyber security is up to date and that you are running effective softwares to ensure extra security).
Once private information is breached, there is no recovery. This client-coach relationship is one of trust and confidence, so let’s keep it that way!
4. WHAT IS CONSIDERED PERSONAL INFORMATION UNDER PIPEDA?
Your client’s personal information can include any factual or subjective information that can be used to identify a specific individual. Personal information includes:
- Client demographics (ie: age, income, marital status, ethnicity, blood type, DNA)
- Employment, Credit and Medical Records
- Client Assessments (ie: opinions, evaluations, disciplinary actions, social status)
5. WHAT IS NOT CONSIDERED PERSONAL INFORMATION UNDER PIPEDA?
So what can you actually share about your client? The short answer: information that does not identify an individual. Here are some examples:
- Information that is too vague, general or far removed from an individual identification, ie. postal code
- Public information about an organisation
- Certain information about public servants such as their name, position, and title
- A person’s business information may be shared for the sole purpose that the communication is related to their business
Keep in mind: Depending on your medical designation or professional college (if applicable) they may also have additional rules on what further personal information cannot be shared in addition to PIPEDA legislations. Make sure you are staying compliant with all legislation and professional responsibilities.
6. WHAT IF I COACH CLIENTS IN ANOTHER COUNTRY?
Have you expanded your Health Coaching business to be cross-borders with our neighbours to the south? If so, congratulations! If you coach clients based in the United States, then you must also be in compliance with HIPPA, short for ‘Health Insurance Portability and Accountability Act of 1996’. HIPPA is an American Privacy Law that you must also comply with.
HIPPA establishes that medical and other health-related information is private and ought to be protected. This includes but is not limited to:
- Medical records and conversations from doctors or other health care and treatment providers
- Health insurance information
- Billing Information
- Any other related health information
*Check your local province, state and federal laws for privacy laws most applicable to you.
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