Alberta psychologists face a privacy puzzle: three provincial statutes, shifting definitions and technology changing faster than the law.
As health providers adopt new technologies, privacy compliance has become both more important and more complicated. Practitioners are increasingly focused on understanding which privacy laws apply to their practice.
Alberta has three privacy statutes, and which one applies isn’t always clear. Psychologists face a unique challenge because they may be subject to the Health Information Act, 2000 c H-5 (HIA), or the Personal Information Protection Act, SA 2003, c P-6.5 (PIPA), or both.
The Confusion
It might surprise some psychologists to know that health information collected from a client in a private counselling practice is not considered “health information” under the HIA. The moment the psychologist collects the information, the same record that originated as “health information” becomes “personal information” under PIPA—even though the information is the same.
For example, a client attends an initial consultation and brings a printout of their medications obtained from their pharmacist, a custodian under the HIA. This prescription record was “health information” when held by the pharmacist but became “personal information” when shared with the psychologist. While psychologists in private practice are generally regulated under PIPA, understanding the distinction between custodians and affiliates is essential.
“Confidentiality is a defining aspect of psychological services and psychologists have a duty to safeguard information obtained in the course of providing a professional service”.- College of Alberta Psychologists
Psychologists must understand which privacy law applies to their practice to meet both professional and legal obligations.
Why It Matters
In an increasingly digital healthcare system, psychologists juggle evolving models of service delivery and a complex, often counterintuitive, privacy landscape. Understanding when client information falls under the HIA or PIPA is not merely a technical distinction, it is fundamental to lawful and ethical practice.
Safeguarding client confidentiality is a psychologist’s central obligation, and that requires clarity on which statutory framework applies. This area of law is currently under review and continues to evolve, making it even more important for psychologists to stay informed as regulatory expectations and privacy frameworks develop.
Whether operating in private practice, working in multidisciplinary settings, or serving as an affiliate of a custodian, understanding these distinctions protects clients, reduces risk and strengthens professional accountability.
Tory Hibbitt, LLM, CIPP/C, is a health and privacy lawyer and lead author of the Annotated Alberta Health Information Act (LexisNexis, January 2026).
This article is provided for general information purposes only and does not constitute legal advice. The views expressed are solely those of the author and do not represent the views of her employer, clients, professional affiliations or this publication.
