Personal Health Information Protection Act | |
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Legislative Assembly of Ontario | |
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Citation | S.O. 2004, Chapter 3 Schedule A |
Enacted by | Legislative Assembly of Ontario |
Assented to | 20 May 2004 |
Commenced | 1 November 2004 |
Legislative history | |
Bill title | Bill 31, Schedule A |
Introduced by | Ministry of Consumer and Business Services and the Ministry of Health and Long Term Care |
The Personal Health Information Protection Act, also known as PHIPA, is Ontario legislation established in November 2004. PHIPA is one of two components of the Health Information Protection Act 2004. [1]
The Health Information Protection Act, also established in 2004, comprises two schedules: PHIPA (Schedule A) and the Quality of Care Information Protection Act (Schedule B). [1] The PHIPA replaced the Health Cards and Numbers Control Act (SO 1991, c 1). [2]
PHIPA provides a set of rules for the collection, use and disclosure of personal health information by a "Health Information Custodian" (HIC), and includes the following provisions: [1]
PHIPA applies to individuals and organizations involved in the delivery of healthcare services. Under the Act, they are referred to as HICs, "prescribed organizations", or "agencies", each with various function.
A HIC can be any number of individuals or organizations who have custody or control of personal health information. [4] To elaborate, some examples of an HIC include:
An “agent” of an HIC includes anyone who is authorized by the HIC to do anything on behalf of the HIC with respect to personal health information. These actions are for the purposes of the HIC and not the agent. [4]
Examples include:
The Information and Privacy Commissioner of Ontario (IPC) is appointed by the Legislative Assembly of Ontario and is independent of the government. [7] The IPC is responsible for ensuring that HICs comply with the Act. [8] Under PHIPA, the IPC has the power to review and make rulings about complaints.
Complaint | Time to File the Complaint |
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Personal health information has been collected, used or shared contrary to PHIPA | Within 1 year |
A request to see personal health information has been denied | Within 6 months |
A request to have personal health information corrected has been denied | Within 6 months |
When the commissioner receives a complaint, a mediator may be appointed to try to solve the problem. The IPC has various powers to resolve complaints, including the power to order an HIC to:
The Act covers the following subjects relating to personal health information in the province of Ontario:
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