Part IV (section 29 to 50) of PHIPA governs with the limitations and requirements with respect to the collection, use, and disclosure of personal health information. There are certain general limitation and requirements which we shall discuss now and they are-
- Requirement for Consent:
This provision mandates that the personal health information must not be collected, used or disclosed without an individual’s consent under PHIPA or such collection, use or disclosure may be permitted if required under PHIPA.
It further says that a health information custodian shall not collect, use or disclose personal health information if other information will serve the purpose of the same.
- Extent of Information:
A personal health custodian must not collect, use or disclose more personal information than is reasonably necessary to meet the purpose.
- Use & Disclosure of personal health information shall not be done unless required by law to do so.
- Fundraising:
A health information custodian may collect, use, disclose personal health information about an individual for the purpose of fundraising only where there is an express consent or by way of an implied consent and the information consists only of the individual’s name and the prescribed types of contact information.
- Marketing:
This provision restricts the custodian from collecting, use or disclosure of personal health information about an individual for the purpose of market research unless the individual expressly consents and custodian collects, use, or disclose subject to restrictions and requirements as prescribed.
- Confidentiality of health cards:
This provision restricts the production of another person’s health card however, in case when a person provides provincially funded health resource to a person who has a health card may require the production of the same.
In case of a non-provincially funded health resource, a health information custodian who has collected a health number for purposes related to the provincially funded health resource to a person then in such scenario they may use health number in order to accurately identify the person’s records, to verify their identity or linking their records of personal health information.
Health care herein means a card provided to an insured under the Health insurance Act by the General Manager of the Ontario Health Insurance Plan.
Provincially funded health resources means a service, thing, or subsidy or other benefit funded (partly, wholly, directly or indirectly by the Government of Ontario.
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