Defence (77)
This section provides that no disciplinary action shall be taken against a person who is acting for or under the direction of the Ombud or complying with a request or requirement to produce a record or provide information or evidence to the ombud.
Ombud
Under PHIPAA ombud has not been properly defined although under section 1 it merely says ombud means the ombud appointed under section 2 of the Ombud act. The ombud is an authority which has the following duties and powers under the PHIPAA and they are-
Right of Entry (65)
The act provides that in performing the duties or exercising its power the ombud has the right to-
- Enter any office of a custodian and examine and make copies of any record in the custody of the custodian and
- Communicate in private with any officer or employee of the custodian.
Duties and Power of the Ombud (65)
The ombud has following duties and power-
- Maintain the administration of the act
- Conduct investigation and monitor compliance as per PHIPAA
- Review privacy impact assessments conducted by a custodian which is a public body
- Inform the public about PHIPAA (spread awareness about the regulations under PHIPAA)
- Promote the best practices and advice the custodians
- Make recommendation with regard to this act
- Review matter referred to Ombud by the Executive Council
It is noteworthy that the Ombud is mandated to report annually to the legislative assembly on the performance of his/her duties and exercise of his/her powers.
Complaint to be filed with the Ombud (68)
An individual can make a complaint to the Ombud if that individual is not satisfied with a decision of the custodian in relation to the request or custodian failed to respond within 30 business days as per subsection 10 (2) which also amounts as deemed refusal to permit the personal health information to be examined or copied.
An individual further can make a complaint to the Ombud alleging that a custodian has collected, used or disclosed his/her personal health information in contravention to PHIPAA or has failed to protect his/her personal health information in a secure manner as mandated under PHIPAA.
The complaint shall be filed by an Individual within 60 days from the date the individual was notified of the decision of the custodian. However, this time may be extended by the ombud.
As soon as possible upon receiving a complaint, the ombud shall notify the custodian of the complaint and provide the copy of the complaint to the custodian.
To Be Continued……………….
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