Exploiting the Fiduciary Relationship: The Physician As Information Intermediary in Assisted Human Reproduction (Canada‪)‬

Introduction The Assisted Human Reproduction Act [AHRA] will impose new information disclosure requirements on physicians in the context of assisted reproductive technologies [ARTs]. (1) In doing so, the AHRA exploits the trust relationship between physician and patient. The AHRA requires physicians to collect a wide range of highly sensitive information from those involved in ARTs and forces physicians to disclose this information to a government agency, the Assisted Human Reproduction Agency of Canada [Agency], which may use the information for a number of non-therapeutic purposes. As a result, the Agency will indirectly receive highly sensitive patient information - information which would be difficult, if not impossible, for the Agency to collect directly. Although it may be appropriate for a physician to disclose patient information to a third party under certain circumstances, (2) the changes to the nature of the physician's role under the AHRA are troubling. Indeed, this relationship and the broad purposes for which patient information may be used by the Agency have caused concern among those who work with ARTs. Some have speculated that the "majority of patients wouldn't agree to give information to a government agency," and indeed that these information provisions "will prevent some patients from seeking AHR procedures" altogether. (3) There may be some merit to these concerns. The information requirements imposed by the Agency raise important questions about how the role of the physician vis-a-vis her patient will change, and whether it will challenge the trust inherent in the physician-patient relationship.