Collection is one of the important parts of personal health information and Section 36 of PHIPA discusses and covers the area of indirect collection. Since collection forms it’s place under part IV of PHIPA (Collection, Use and Disclosure of Personal Health Information) so indirect collection has been dealt under the same. Section 36 authorizes health information custodian to collect the same in the following circumstances-
- When an individual has consented to such collection indirectly.
- The information to be collected is reasonably necessary for providing health care or assistance in providing healthcare to the individual and reasonably its being impossible to collect the personal health information from the individual directly then-
- Personal health information that can reasonably be relied on as accurate and complete, or
- Personal health information in a timely manner.
- When the custodian is an institution/or is acting as part of such an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection & Privacy Act and the custodian is collecting the information for a purpose related to –
- Investigating a breach of an agreement or contravention/alleged contravention of the laws of Ontario or Canada
- The conduct of a proceeding or possible proceeding
- The statutory function of the custodian
- The custodian collects the personal health information from a person who is not a health information custodian for the purpose of carrying out research conducted in accordance with subsection 37(3) or research (approved by ethics board). However, if the person is prohibited by law from disclosing it then he/she cannot collect such personal health information.
- When the custodian is a prescribed entity (planning & management of the health system-45 (1)) and a custodian is not collecting personal health information from a person who is not a health information custodian for the purpose of that subsection.
- The commissioner authorizes for such collection (manner other than direct).
- Custodian collects the information from a person who is permitted or required by law/treaty/agreement/arrangement under PHIPA or an act of Canada to disclose it to the custodian.
Although it is to be noted that direct collection without consent (even when the individual is incapable of consenting) is still permitted if the collection is reasonably necessary for the provision of health and it is not reasonably possible to obtain consent in a timely manner.
Picture Credit-https://www.signalsciences.com