Privacy — psychology, counselling therapy and social work (Nova Scotia)
Nova Scotia imposes NO data-residency requirement on personal health information by statute or regulation. Neither PHIA nor the Personal Health Information Regulations require that personal health information be stored, hosted, or processed within Nova Scotia or within Canada. What the law does require instead is: (a) security safeguards — a custodian maintaining an electronic information system must implement the prescribed safeguards (PHIA s. 65), which the regulations set out as protection of network infrastructure including physical and wireless networks to ensure secure access, protection of hardware and supporting operating systems, and protection of the system’s software including user authentication (Regulations s. 10(1)); and (b) control over DISCLOSURE across borders — a custodian may disclose personal health information to a person outside the Province only on one of the grounds in s. 44, including the individual’s consent. One profession-specific exception overrides this at the college level: NSCCT requires its registrants’ telecounselling platforms to be PIPEDA-compliant AND hosted on servers holding data exclusively within Canadian jurisdiction. That binds counselling therapists only, not psychologists or social workers.
“10(1) The following safeguards are prescribed for an electronic information system maintained by the custodian: (a) protection of network infrastructure, including physical and wireless networks, to ensure secure access; (b) protection of hardware and its supporting operating systems to ensure that the system functions consistently and only those authorized to access the system have access; (c) protection of the system’s software, including the way it authenticates a user’s identity before allowing access.” — Personal Health Information Regulations, N.S. Reg. 217/2012, s. 10(1). [No provision of the Act or the Regulations addresses storage, hosting or transfer of personal health information outside Nova Scotia or outside Canada.]