In our last article we discussed procedures related with access and correction, what amounts to informal requests, circumstances under which time can be extended for reply and what amounts to deemed refusal under PHIPA. Now in today’s article we will read the remaining miscellaneous provisions provided under PHIPA in this regard.
Frivolous or Vexatious Requests:
In case when it appears to a health information custodian that believes on reasonable grounds that a request for a correction is vexatious or frivolous or is made in bad faith may refuse to grant the request and in that case, shall provide the individual with a notice that sets out the the reasons for the refusal which states that the individual is entitled to make a complaint about the refusal to the commissioner.
Duty to Correct:
PHIPA imposes a duty upon the health infromation custodian that if the individual demonstrates, to the satisfaction of the custodian, that the record is incomplete or inaccurate for the purposes for which the custodian uses the information and gives the custodian the information necessary to enable the custodian to correct the record. However, this duty is not mandatory to perform in the following circumstances:
- If record of a personal health information custodian consists of a record that was not originally created by the custodian and the custodian does not have sufficient knowledge, expertise and authority to correct the record; or
- If it consists of a professional opinion or observation that a custodian has made in good faith about the individual.
Duties upon Correction:
Upon granting a request for correction, the health information custodian shall make the requested correction by recording the correct information in the record and striking out the incorrect information in a manner which does not obliterate the record or labelling the information as incorrect, severing the incorrect information from the record, storing it separately from the record and maintaining a link in the record which enables a person to trace the incorrect information or if it is not possible to record the correct information in the record, ensuring that there is a practical system in place to inform a person who accesses the record that the information in the record is incorrect and to direct the person to the correct information.
Notice of Refusal:
A health information custodian must give a notice of refusal stating the reason for the same and inform the individual that he/she is entitled to-
- Prepare a concise statement of disagreement that sets out the correction that the health information custodian has refused to make;
- Attach the statement of disagreement as part of the records which it holds of the individual’s personal health information and disclose the statement of disagreement whenever the custodian discloses information to which the statement related.
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