This paper argues that given the proliferation of electronic health records (EHRs) in the health care system, legislative reform must occur to address the inadequacies of Ontario's current health privacy legislation in accommodating EHRs. A coherent framework for legislation is necessary to capture the important role that privacy plays in public perception when it comes to legislating and managing EHRs in Ontario and, in turn, serve as a tool for legislators to understand the definitions and values of privacy associated with EHRs and the privacy problems worthy of protection in an electronic health environment. The failure to properly address these problems may lead to privacy losses and loss of public confidence in EHR systems. In applying this framework to three legislative options, it is evident that Ontario should amend the Personal Health Information Protection Act, 2004 to better contemplate the privacy protections necessary in an electronic health environment.
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