Opening an Independent Health Practice? Watch for These Privacy Pitfalls

The Excitement of Opening Your Own Practice

Deciding to open your own independent health practice is an exciting milestone. You’ve found the right space, finalized your services, prepared your equipment, and pictured the moment your first patient walks through the door. Amid the anticipation, it’s natural to focus on the clinical and business side of things - but one area that can quietly cause new practices significant trouble is privacy compliance. In Alberta, health providers must navigate both the Health Information Act, RSA 2000, c H‑5, and the Health Professions Act, RSA 2000, c H‑7, along with the associated regulations that govern how you manage not only your patients’ health personal information but also the personal information of your employees. It’s easy to underestimate how quickly privacy obligations arise the moment you begin collecting, storing, or even viewing information in the course of your work.

Pitfall #1: Assuming Your EMR Handles Compliance for You

A common early pitfall is assuming that an electronic medical record system (EMR) automatically ensures compliance. While an EMR is essential, it cannot replace your legal responsibility to control who has access to information, maintain appropriate audit and monitoring processes, or decide how long information is kept and how it is securely disposed of. Clear expectations around EMR access, password practices, and prohibitions on “snooping” are often missing in new clinics, and this is one of the most frequent sources of avoidable breaches.

Pitfall #2: Collecting More Patient Information Than Permitted

Another area where new practice owners stumble is in the collection of patient information. Intake forms found online may not reflect what the Health Information Act actually permits you to collect, which is only the least amount of information necessary for an authorized purpose. Asking for too much information - or collecting it “just in case” - creates risk right from the outset. A thoughtfully designed intake form and internal guidance on when and how information may be collected, used, or disclosed go a long way toward ensuring alignment with Alberta’s privacy framework.

Pitfall #3: Forgetting About Employee Privacy Obligations

It can also be easy to forget that privacy obligations extend well beyond patients. Once you have employees - even one - you are responsible for protecting their personal information. Payroll details, emergency contacts, performance reviews, disciplinary records, and access permissions all require proper handling. Many new clinics do not have an employee confidentiality or privacy policy in place, which means they lack a framework for accountability and consistency from the start.

Pitfall #4: Misunderstanding Consent Requirements

Consent is another area where misunderstandings frequently arise. New clinic owners often ask when consent must be express, when it can be implied, what must be documented, and how to properly recognize a substitute decision‑maker or personal representative. Without a clear, Alberta‑specific consent process and supporting forms, clinics risk both under‑collecting and over‑collecting consent, each of which can lead to compliance and operational challenges.

Pitfall #5: Being Unprepared for Privacy Breaches

Finally, even clinics that intend to comply with privacy rules are often unprepared for privacy breaches. Alberta law sets out obligations for containing, documenting, reporting, and communicating breaches - requirements that catch many new custodians off guard. Establishing a simple, practical breach‑response protocol before problems arise can significantly reduce exposure and help maintain the trust of your patients and staff.

Starting Strong Without Being Overwhelmed

While the administrative side of privacy compliance can feel overwhelming, especially when you are focused on building your patient base, you do not need an exhaustive binder of every possible form or policy to get started. What matters most is having well‑tailored, Alberta‑specific, foundational documents that reflect how your clinic actually operates and that set your team up for consistent, compliant practices as you grow.

How We Can Help

The Privacy and Health Law team at McLennan Ross LLP can assist you in navigating these requirements, reviewing your existing documents, and helping you develop practical, legally sound policies and procedures that support your new practice from day one.