In our last article we discussed the purpose of the Personal Health Information Protection Act (hereinafter referred to as ‘PHIPA’). We also had a general overview of PHIPA, now in today’s article we will discuss the most crucial aspect of PHIPA which is applicability or non-applicability.
Application of PHIPA
Section 7 of PHIPA applies to-
- Collection of personal health information by a health information custodian
- Use or disclosure of personal health information
The section further clarifies that the provisions for collection, use, disclosure of personal health information applies on or after the day this section (section 7) comes into force. In the same way collection, use, disclosure of a health number by any person on or after the day this section comes into force
In case of conflict between a provision or regulations of PHIPA and a provision of any other act or its regulations, the provisions or regulation of PHIPA shall prevail unless PHIPA specifically provides otherwise. However, this provision has exceptions to this rule and as per which provisions or regulations of PHIPA would not prevail in the conflict between the provisions of this act and the provisions of the Quality of care information Protection Act, 2004.
Section 8 of PHIPA also clarifies that except subsection 2 of section 8 (which includes certain sections like 11, 12, 15 etc.), the Freedom of Information and Protection of Privacy Act (hereinafter referred to as FIPPA) and the Municipal Freedom of information and Protection of Privacy Act do not apply to personal health information in the custody or under the control of a health information custodian unless the act specifies otherwise.
Subsection 4 also states that PHIPA does not limit a person’s right of access under section 10 of the FIPAA or section 4 of the Municipal Freedom of Information and Protection of Privacy Act.
PHIPA does not apply to collection, use, disclosure or personal health information, a request for access or an appeal made under the FIPPA and Municipal Freedom of Information and Protection of Privacy Act.
Lastly, the act does not apply to personal health information about an individual after the earlier of 120 years after a record containing the information was created and 50 years after the death of the individual.
Conclusion
PHIPA applies to a wide variety of persons and organizations defined as health information custodian under the act. It also applies to the agent of the Custodians, if they are authorized to act so. In all PHIPA applies to the use and disclosure of personal health information by those who receive personal health information form custodians and to electronic service providers including health information network providers.
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