Disclosure re health & safety (39)
A custodian may disclose personal health information without the consent of the individual to whom the information relates if the custodian reasonably believes that disclosure is required to prevent or reduce the risk of serious harm to the mental or physical health or safety of the individual or health or safety of the public or a group of people and such disclosure is clearly in the public interest.
Section 39 further includes superintendent of a correctional facility in which an individual is detained lawfully under mental health act.
Disclosure re proceedings (40)
This is another ground under which a custodian may disclose personal health information without the consent of the individual to whom the information relates if it is a body with statutory responsibility for the discipline of health care providers or regulating the quality or standards of professional services provided by health care providers.
In cases when custodian is expected to be a party or a witness in a proceeding or contemplated proceeding then in such a case custodian may disclose personal health information of an individual without consent. For the purpose of complying with a summons or subpoena or warrant, order or similar requirement issued by a court, in such a situation, a person or entity with jurisdiction may compel the production of personal health information in order to comply with the rules of court.
In some other statutory compliance or legal proceedings, custodians may disclose the personal health information without consent.
Disclosure for Enforcement purposes (41)
The concerned disclosure may be made to a person carrying out an inspection, investigation or similar procedure as authorized by or under this act. In certain other situations a custodian may disclose the personal health information to another custodian if there is a reasonable expectation that disclosure will detect or prevent fraud, limit abuse in the use of health care and prevent the commision of an offence under the act.
Disclosure required by law (42)
if the disclosure is required by another Act of the Legislature or the Parliament of Canada or by a treaty, agreement or arrangement made under another Act of the Legislature or the Parliament of Canada, then in such a situation custodians may disclose the personal health information without the consent of the individual.
Disclosure for Research Purposes (43)
When a project has been approved under this section of PHIPAA, a custodian may disclose personal health information to a person in order to conduct a research project.
However, if research projects require direct contact with individuals, then custodians shall not disclose personal health information relating to those individuals.
Further, a custodian may disclose such personal information without consent to a research data center if the research data center has entered into a written agreement with a province in order to establish a research data center and the approval of research projects.
Disclosure of registration Information (44)
This section authorizes the Minister to disclose the personal health information without the consent of an individual to a public body for the purpose of verifying the accuracy of registration information held by the public body.
To Be Continued………….
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