PHIPA: Permissible Disclosures - PowerPoint PPT Presentation

Phipa permissible disclosures
1 / 8

  • Uploaded on
  • Presentation posted in: General

PHIPA: Permissible Disclosures. Judith Goldstein, Legal Counsel Information and Privacy Commissioner/Ontario PHIPA Summit November 3, 2005. Health & Safety.

I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.

Download Presentation

PHIPA: Permissible Disclosures

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.

- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript

Phipa permissible disclosures

PHIPA: Permissible Disclosures

Judith Goldstein, Legal CounselInformation and Privacy Commissioner/Ontario

PHIPA SummitNovember 3, 2005

Health safety

Health & Safety

  • A HIC is permitted to disclose PHI where necessary to eliminate or reduce a significant risk of serious bodily harm to a person or group of persons. (s.40)

  • This type of disclosure can be made despite an individual’s express instructions to the contrary.



  • PHIPA conflict provisions (s.7 of the Act and s. 1(5) and s.5 of O.Reg.329/04)

  • In the event of a conflict PHIPA prevails. (s.7(2))

Conflicts continued

Conflicts continued …

  • There is no conflict unless it is not possible to comply with both PHIPA and its regulations and any other Act or its regulations. (7(3))

  • For the purposes of s.7(3) of the Act, if an Act etc. says that a CUD may be taken and another says it may not be taken, then “it is not possible to comply with both”. (s.1(5) of the Regulation)

Health protection and promotion act

Health Protection and Promotion Act

  • No person shall disclose identifying information about a person in respect of whom an application, order etc. is made in respect of a communicable disease, reportable disease etc. (s.39(1) HPPA)

  • S.39(1) does not apply to a limited list of exceptions e.g. you can disclose on consent or for the purpose of public health administration.

Reg 965 under the public hospitals act

Reg. 965 under the Public Hospitals Act

  • Except as required by law or as provided in s.22 of this Regulation, no hospital shall permit any person to remove, inspect or receive information from records of PHI.

  • The exceptions set out in s.22, 22.1, 23 and 23.2 of the Reg. 965 are fairly limited and do not include many of the permissive disclosures set out in PHIPA.

Mandatory disclosures

Mandatory Disclosures

  • S.43(1)(h) permits a HIC to disclose if permitted or required by law etc. It sounds discretionary, but…

  • S.6(3)(b) provides that a provision of PHIPA that permits a HIC to disclose PHI does not relieve the HIC from a legal requirement to disclose the information

Mandatory disclosures continued

Mandatory disclosurescontinued…

  • Mandatory Gunshot Wounds Reporting Act, 2005

  • Operative sections in force as of Sept. 1, 2005

  • It imposes an obligation on public hospitals and prescribed health care facilities to report to police when they treat a person for a gunshot wound.

  • Login