As artificial intelligence tools become more common in clinics and hospitals, B.C.’s privacy commissioner is warning doctors to move beyond mere compliance and fully understand their responsibilities under provincial privacy laws. Michael Harvey, B.C.’s Information and Privacy Commissioner, told CTV News that while existing legislation does apply to AI in healthcare, it is in urgent need of modernization to reflect emerging technologies.
At minimum, patients should be notified if AI is being used in their care. But Harvey recommends clinicians go further—especially when using AI scribes or diagnostic software—by seeking express consent and discussing how the technology functions. “We’re talking about new types of applications here,” he said. “Organizations would be well advised to hold themselves to a higher bar.”
To help guide ethical implementation, Doctors of BC has formed a working group to draft a policy framework and review AI tools for legal and ethical compliance within the province.
Harvey identified two major privacy concerns: how patient data is used to train AI, and the patient’s experience during care. If a patient’s information is used for purposes beyond direct care—such as AI model training—consent is generally required. Moreover, software intended for one purpose cannot be repurposed without a reassessment of its legal standing under B.C.’s distinct privacy laws.
Harvey encourages patients to question their providers about data usage and report any red flags, stressing that public trust in healthcare must remain a top priority.
Meanwhile, Doctors of BC is also sounding alarms over the public’s increasing tendency to rely on AI for self-diagnosis, a trend fueled by long wait times in the provincial health-care system. Dr. Charlene Lui, president of the organization, emphasized that AI should be treated as an assistive tool—not a replacement. She recalled a case where her in-person intuition led to a baby being rushed to surgery. “There is something about seeing a physician… that I think is often underappreciated,” she said.
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