Auto Suggest: Health Care Professionals Think Before Hitting Send
February 8, 2015
Electronic communication is becoming the primary method of communication for individuals on a day-to-day basis. Today, mobile devices allow you instantly to have information in the palm of your hand. While it may be tempting to communicate with patients electronically, there are several privacy considerations that should be addressed first. In March 2011, the Office of the Information and Privacy Commissioner of Saskatchewan (“OIPC”) issued a guide on the use of electronic communication within a health care practice: Best Practices: Mobile Device Security. This guide recommends several safeguards to protect patient information from potential interception, misdirection, alteration, loss, and interference. Transmitting patient information by way of electronic devices pose an increased risk when the auto-suggest function is employed. Auto-suggest is a feature on most electronic devices that many may be familiar with and have used at one point or another. Essentially, auto-suggest monitors data being entered into an electronic device and uses an algorithm to create a history of common entries to suggest words, phrases, or a sequence of numbers. It was created with the intent to optimize the efficiency of data entry. Although auto-suggest may be appropriate and even desirable in a casual context, it is inappropriate when handling personal health information. On January 9, 2014, the Saskatchewan OIPC released an investigation report that examined several privacy breaches involving misdirected faxes where patients’ personal health information was exposed to persons with no legitimate need-to-know. Some of the breaches were a result of the auto-suggest feature combined with a lack of attention on the part of the user. The potential for misdirected faxes is not new, however the risk is heightened by the use of the auto-suggest feature. As such, the OIPC recommends that trustees of personal health information create policies to safeguard information being transmitted by fax. For further information on the OIPC’s recommendations, see: Privacy Considerations: Faxing Personal Information and Personal Health Information. The OIPC also recommends that trustees disable the auto-suggest function on electronic devices. The reason behind this recommendation is clear: the inherent risks of auto-suggest significantly outweigh any benefits generated by the feature. Although auto-suggest can heighten efficiency and save a user a few minutes when transmitting information, the potential risk and damage it may cause are far greater than the convenience it affords. As technology continues to evolve, existing policy considerations must evolve with it to ensure compliance with privacy legislation. The Health Law Practice Group at McKercher LLP will continue to monitor technological trends in relation to health care and address patient privacy issues as the privacy landscape continues to transform. About the author: Darby is an associate in the Regina office and maintains a general litigation practice. She has also been trained in collaborative law. About McKercher LLP: McKercher LLP is one of Saskatchewan’s oldest, largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made us a top ranked firm by Canadian Lawyer magazine (2011, 2013). Expertise, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions.



