Ontario is Canada’s most populous province and one of the thirteen provinces. The capital of Ontario is Toronto, it is located in Central Canada and borders the U.S.A. It is pertinent to note that the separate personal health information laws are available in New Brunswick, Newfoundland & Labrador, Nova Scotia, Ontario.
Ontario is the province of Canada where no Privacy laws are available as of now so technically PIPEDA- Personal Information Protection & Electronic Documents Act (Federal Privacy Law) is applicable. There are two sets of privacy laws applicable in different scenarios, one in case of Public organization and another in case of Private organization.
Now in this article we will have a thorough understanding about the personal health information related provisions in Ontario. Personal Health Information Protection Act (hereinafter referred to as ‘PHIPA’) governs the matter in which personal health information may be collected, used and disclosed within the health sector. PHIPA came into force on 1st November 2004. PHIPA has a total VII parts and 75 sections.
Purpose of PHIPA: section 1 of the act clarifies the purpose of PHIPA and they are:
- The act aims to establish rules for the collection, use & disclosure of personal health information about individuals so that the information and privacy of the individual with respect to those informations may be protected.
- It further aims to facilitate the effective provisions of health care.
- It provides individuals with a right of access to personal health information about themselves. Obviously, this purpose has limitations and specific exceptions mentioned in this act.
- It provides individuals with a right to require the correction or amendment of personal health information subject to certain limitations and specific exceptions.
- It provides for independent review and resolution of complaints with respect to personal health information.
- It provides effective remedies for contravention of this act.
Review of Act:
Section 75 of the act provides that a committee of the legislative assembly shall start a comprehensive review of this act at every third anniversary from the date of enforcement i.e. from 1st November, 2004, every third year the act to be reviewed by the legislative assembly.
It further provides that within one year after beginning that review, make recommendations to the assembly concerning amendment to this act.
Applicability of Judicial Review: The court or the commissioner can not review any action or decision or failure of action or decision by the lieutenant governor general or council of ministers though exception is subsection 12 of 74 which provides that any person resident in Ontario may make an application of judicial review under Judicial Review Act on the ground that Minister has not taken requisite steps under this act.
Picture Credit- https://www.youtube.com/watch?v=tsxa2BvV6Nw