16) Disclosure outside Ontario:
A health information custodian may disclose personal health information about an individual collected in Ontario to a person outside Ontario only when-
- The individual consents to the disclosure;
- PHIPA permits for such disclosure;
- Person who is receiving information performs functions, this act (PHIPA) would permit the custodian to disclose the information in Ontario under 40 (2) or 43 (1) (b), (c), (d) or (e);
- The custodian is a prescribed entity under 45(1) and prescribed for this clause,
- The disclosure is for the purpose of health planning or health administration,
- The health information relates to health care provided in Ontario to a person who is resident of another province/territory of Canada,
- The disclosure is made to the government of that province or territory;
- The disclosure is essential for the provisions of health care, however, individual must not expressly instruct the custodian to make the disclosure,
- The disclosure is essential for the administration of payments in connection with the provisions of health care or for contractual or legal requirements in that connection.
Although when a custodian discloses personal health information about an individual then he/she must notify the person to whom it makes the disclosure of that fact.
Restrictions on recipients
Section 49 imposes a restriction on recipients and it says that unless it is permitted or required by law and subject to the exceptions and prescribed additional requirements, a person who is not a health information custodian and to whom a health information custodian discloses personal health information, must not use or disclose the more of the information that is reasonably necessary to meet the purpose of such use or disclosure, unless such disclosure is required by law.
Employee or agent information:
If a health information custodian discloses information to another health information custodian and the information is identifying information in the custody or under the control of the receiving custodian, the receiving custodian shall not use or disclose the information for any purpose other than the purpose for which it is authorized to disclose under PHIPA or the purpose of carrying out a statutory or legal duty or use or disclosure more of the information than is reasonably necessary to meet the purpose of the use or disclosure as the case may be.
Please note that subsections 1 to 4 of section 49 do not apply to an institution given a meaning under the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.
Picture Credit- https://prezi.com