Personal Health Information under PIPEDA

PIPEDA is a centrally legislated act, and in one aspect it applies to every organization that collects, uses or discloses personal information in the course of commercial activity. In other and simplifying words the act applies to Private- sector organizations across Canada who collect the personal Information. 

Personal Information under PIPEDA means information about an identifiable Individual. Now in this article we will discuss the personal health information as defined and described under PIPEDA.  

What information is included under PIPEDA?

Personal health information with respect to an individual whether living or deceased means information concerning, the physical or mental health of the Individual, any health service provided to the individual, the donation provided by the individual of any body part or bodily substance or information derived from the testing or examination of a body part or bodily substance, Information collected in the course of providing health services, incidental information collected  as per the provisions of health services. 

Consent and use of Personal Information without consent

As we know that consent plays an important role in obtaining personal information. However, if personal information is used for the purpose of acting in respect of an emergency that threatens the life, health or security of an individual, an organization may without the knowledge or consent of the individual. 

When disclosure is made to a person who needed that Personal information due to a health emergency as mentioned above, and if the individual whom the information is about is alive then such disclosure to be communicated in writing to that individual without delay.

Parts of PIPDA which are not applicable in case of Personal Health Information.

There are certain provisions which make personal health information an exception. For eg. Division V- Transitional Provisions are not applicable in case of Personal health information.

Picture Credit-https://www.bcpharmacists.org/