As we know that the regularisation of personal health information is the motto of PHIPA and it governs the manner in which personal health information may be collected, used, and disclosed within the health sector. In our last article we discussed what information amounts to personal health information and how section 4 is dealing with the same. Personal health information is considered amongst the most sensitive of personal information.
Now in this article we will understand and simplify some most important definitions given in Personal Health Information Protection Act, we will begin with the definition of “Health Care”, section 2 of the act defines health care as any observation, examination, assessment care, service or procedure that is done for a health-related purpose and which is carried out or provided-
- To diagnose, treat, maintain an individual’s physical or mental condition
- To prevent disease or injury or to promote health, or
- As part of palliative care
This definition further includes the compounding, dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and a community service that is described in subsection 2 (3) of of the Home Care and Community Services Act, 1994 and provided by a service provider within the meaning of that act.
Since the definition is wide in nature as it provides meaning and includes certain other descriptions too and by that reason the definition is wide enough.
Then the definition of health information custodian takes us towards the meaning set out in section 3; “dépositaire de renseignements sur la santé” and says that except the person described below is not a health information custodian and under section 3 following three categories have been described and they are-
- A person described in paragraph 1, 2 or 5 of the definition of “health information custodian” in subsection 1 who is an agent of a health information custodian.
- A person who is authorized to act for or on behalf of a person that is not a health information custodian, if the scope of duties of the authorized person does not include the provision of health care.
- The minister, when acting on behalf of the institution within the meaning of the Freedom of Information & Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act, that is not a health information custodian.
So, in simple language the people described above are not health information custodian and apart from them other can be called as health information custodian if they don’t fall under above described categories.
Picture Credit- https://www.onserve.ca/healthcare-it-services/