(2)  On or is not settled under section 52, the Commissioner may conduct an inquiry and   (b)  the (a)  wilfully collects, uses or discloses personal health information in contravention of this Act or its regulations; (b)  makes a request under this Act, under false pretences, for access to or correction of a record of personal health information; (b.1)  wilfully contravenes section 11.2; (c)  in connection with the collection, use or disclosure of personal health information or access to a record of personal health information, makes an assertion, knowing that it is untrue, to the effect that the person. delegated under subsection (4); and. (4) Unless it is not reasonable to do so in the circumstances, a person is entitled to rely on the accuracy of an assertion made by another person, in connection with a collection, use or disclosure of, or access to, the information under this Act, to the effect that the other person.   (a)  the (3) An individual whom a health information custodian determines is incapable of consenting to the collection, use or disclosure of his or her personal health information by a health information custodian may apply to the Board for a review of the determination unless there is a person who is entitled to act as the substitute decision-maker of the individual under subsection 5 (2), (3) or (4).  2004, c. 3, Sched. A, s. 22 (3). and the personal information or correction being sought. for research or statistical purposes, 21 (1)  An organization may disclose, without the   (g)  the otherwise authorizes the collection, use or disclosure of the information. or the regulations and who, in good faith, notifies the Commissioner of the giving reasonable notice to the organization, an individual may withdraw are appropriate in the circumstances and that, (1)  An organization may only disclose personal (3) Despite subsection 60 (13), the Commissioner may be provided with a copy of the electronic audit log even if it contains personal health information. 2020, c. 5, Sched. “information practices”, in relation to a health information custodian, means the policy of the custodian for actions in relation to personal health information, including, (a)  when, how and the purposes for which the custodian routinely collects, uses, modifies, discloses, retains or disposes of personal health information, and, (b)  the administrative, technical and physical safeguards and practices that the custodian maintains with respect to the information; (“pratiques relatives aux renseignements”), “local health integration network” means a local health integration network as defined in section 2 of the Local Health System Integration Act, 2006; (“réseau local d’intégration des services de santé”), Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “local health integration network” in section 2 of the Act is repealed. Part (1.1) A custodian acting under clause (1) (d) shall not act under subclause (1) (d) (i) where doing so would reasonably be expected in the circumstances known to the person making the decision on behalf of the custodian to reveal to the individual, directly or indirectly, information to which the individual does not have a right of access.  2007, c. 10, Sched. H, s. 20 (3). organization may charge an individual who makes a request under section 23 a individuals and organizations to whom the personal information was last The procedure 62 (1) A person affected by an order of the Commissioner made under any of clauses 61 (1) (c) to (h.1) may appeal the order to the Divisional Court on a question of law in accordance with the rules of court by filing a notice of appeal within 30 days after receiving the copy of the order.  2004, c. 3, Sched. A, s. 62 (1); 2020, c. 5, Sched. immediate harm to the safety of or the mental or physical health of those otherwise permitted under this Act.   (b)  are transaction. 2016, c. 6, Sched. (7) A consent that an individual gives, before the day that subsection (1) comes into force, to a collection, use or disclosure of information that is personal health information is a valid consent if it meets the requirements of this Act for consent.  2004, c. 3, Sched. A, s. 18 (7). individuals identified by the personal information and the benefits to be 1, s. 1 (11). collection is clearly in the interests of the individual and consent cannot be consent for collecting, using or disclosing personal information is not validly (a)  prescribing or specifying anything that this Act describes as being prescribed, specified, described, provided for, authorized or required in the regulations made under this Act; (b)  exempting persons or classes of persons from the persons described in clause (d) of the definition of “health care practitioner” in section 2; (c)  specifying persons or classes of persons who shall not be included in the definition of “health information custodian” in subsection 3 (1); (d)  specifying that certain types of information shall or shall not be included in the definition of “personal health information” in subsection 4 (1); (e)  defining, for the purposes of this Act and its regulations, any word or expression used in this Act that has not already been expressly defined in this Act; (f)  making any provision of this Act or its regulations, that applies to some but not all health information custodians, applicable to a prescribed person mentioned in paragraph 8 of the definition of “health information custodian” in subsection 3 (1) or a member of a prescribed class of persons mentioned in that paragraph; (g)  specifying requirements with respect to information practices for the purposes of subsection 10 (1), including conditions that a health information custodian is required to comply with when collecting, using or disclosing personal health information or classes of personal health information, or specifying procedural processes or requirements for setting requirements with respect to information practices for the purposes of that subsection; (h)  specifying requirements, or a process for setting requirements, for the purposes of subsection 10 (3) with which a health information custodian is required to comply when using electronic means to collect, use, modify, disclose, retain or dispose of personal health information, including standards for transactions, data elements for transactions, code sets for data elements and procedures for the transmission and authentication of electronic signatures; (i)  specifying requirements for the purposes of subsection 17 (1), including requiring that a health information custodian and its agent enter into an agreement that complies with the regulations made under clause (k) before the custodian provides personal health information to the agent; (j)  specifying requirements that an agreement entered into under this Act or its regulations must contain; (k)  specifying requirements, restrictions or prohibitions with respect to the collection, use or disclosure of any class of personal health information by any person in addition to the requirements, restrictions or prohibitions set out in this Act; (l)  specifying requirements that an express instruction mentioned in clause 37 (1) (a), 38 (1) (a) or 50 (1) (e) must meet; (l.1)  prescribing circumstances in which a person who compiles or maintains a registry of personal health information referred to in clause 39 (1) (c) may use or disclose personal health information;   (m)  permitting notices, statements or any other things, that under this Act are required to be provided in writing, to be provided in electronic or other form instead, subject to the conditions or restrictions that are specified by the regulations made under this Act; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 73 (1) of the Act is amended by adding the following clause: (See: 2020, c. 5, Sched. (b)  if necessary, vary or set aside the Commissioner’s order.  2004, c. 3, Sched. A, s. 62 (4). PHIPA is one of two components of the Health Information Protection Act.     9.  Authorize (d)  on any person’s application, remove, vary or suspend a condition imposed on the appointment or impose an additional condition on the appointment.  2004, c. 3, Sched. A, s. 27 (7). Assembly must begin a comprehensive review of the Act and submit their report (14) The Minister may disclose to the health data institute that receives personal health information under subsection (2) other personal health information for the purposes of the analysis and linking that the Minister requires if the disclosure is included in the Minister’s proposal, as amended under subsection (8), if applicable.  2004, c. 3, Sched. A, s. 47 (14). (a)  the collection of personal health information by a health information custodian on or after the day this section comes into force; (b)  the use or disclosure of personal health information, on or after the day this section comes into force, by, (i)  a health information custodian, even if the custodian collected the information before that day, or, (ii)  a person who is not a health information custodian and to whom a health information custodian disclosed the information, even if the person received the information before that day; and. P, s. 19. 2020, c. 5, Sched.     6.  Comment 49 (1)  An individual who has asked an (12) Any person resident in Ontario may make an application for judicial review under the Judicial Review Procedure Act on the grounds that the Minister has not taken a step required by this section.  2004, c. 3, Sched. A, s. 74 (12). or. Termination, suspension, etc. procedures to be followed in making and responding to requests under this Act;   (b)  permitting 5, s. 72). IV (Collection of Personal Information). personal information only for purposes that a reasonable person would consider an organization is notified under subsection (2) of a correction of personal being given a copy of an order of the Commissioner, the organization concerned 99 Omitted (provides for coming into force of provisions of this Act).  2004, c. 3, Sched. A, s. 99. 2019, c. 15, Sched. would compromise an investigation or proceeding and the disclosure is reasonable (See: 2017, c. 25, Sched. custody or under its control by making reasonable security arrangements to proceeding in a court. Transition, representative appointed by individual. comes into force and the day subsection 8 (4) of Schedule 3 to the Connecting People to Home and Community Care Act, 2020 the Commissioner during the inquiry. not involve substantial assets of the organization other than this personal (11) The amount of the fee shall not exceed the prescribed amount or the amount of reasonable cost recovery, if no amount is prescribed.  2004, c. 3, Sched. A, s. 54 (11). information;   (d)  personal (3) An order requiring a person to pay an administrative penalty shall not be issued under this section more than two years after the day the most recent contravention on which the order is based first came to the knowledge of the Commissioner. control. (1.1) A permission granted to an agent under subsection (1) may be subject to such conditions or restrictions as the health information custodian may impose. the following individuals of the date specified under clause (a):            (i)  the Disclosure with Commissioner’s approval. (2)  An (1) (k) or (l), as applicable, consents to the disclosure. personal information about an individual. (a)  the person about which the complaint is made has responded adequately to the complaint; (b)  the complaint has been or could be more appropriately dealt with, initially or completely, by means of a procedure, other than a complaint under this Act; (c)  the length of time that has elapsed between the date when the subject-matter of the complaint arose and the date the complaint was made is such that a review under this section would likely result in undue prejudice to any person; (d)  the complainant does not have a sufficient personal interest in the subject-matter of the complaint; or. (4)  The 4 (1)  In meeting its responsibilities under personal information is collected for the purposes of the organization   (b)  the (5)  A purposes. (8) Sections 73 to 81 of the Health Care Consent Act, 1996 apply with necessary modifications to an application under this section.  2004, c. 3, Sched. A, s. 22 (8). The Personal Information Protection and Electronic Documents Act (PIPEDA) - Office of the Privacy Commissioner of Canada The Personal Information Protection and Electronic Documents Act … circumstances described in clause 12 (1) (g) or 15 (1) (g). (a)  a particular collection, use or disclosure at a particular time; (b)  a collection, use or disclosure of the type specified by the Board in circumstances specified by the Board, if the individual is determined to be incapable of consenting to the collection, use or disclosure of personal health information at the time the consent is sought; or. personal information under its control with the correction that was requested but comes into force, paragraph 3 of the definition of “health information custodian” in subsection 3 (1) of the Act is amended by adding “A health service provider or person or entity that is part of an Ontario Health Team is a health information custodian in connection with the provision of any home and community care service within the meaning of the Connecting Care Act, 2019, even where a particular home and community care service is not funded under that Act.” at the end. or in paragraph 1, 2 or 3 of subsection (3) from a document that contains 14 (1) A health information custodian may keep a record of personal health information about an individual in the individual’s home in any reasonable manner to which the individual consents, subject to any restrictions set out in a regulation, by-law or published guideline under the Regulated Health Professions Act, 1991, an Act referred to in Schedule 1 of that Act, the Drugless Practitioners Act or the Social Work and Social Service Work Act, 1998. extension of time for responding to a request is not in accordance with section on the implications for protection of personal information of the use or must respond to an applicant not later than. (a)  shall provide administrative support for the advisory committee; (b)  shall have custody and control of the records of the advisory committee for the purposes of the Freedom of Information and Protection of Privacy Act; and. application to the Superior Court of Justice by the Commissioner, liable to be organization may not use employee personal information without the consent of the (4) A health information custodian that is a natural person and that does not designate a contact person under subsection (1) shall perform on his or her own the functions described in clauses (3) (b), (c), (d) and (e).  2004, c. 3, Sched. A, s. 15 (4). (4) A production order may contain any conditions the justice considers advisable. Commissioner is required to report to the Speaker of the Legislative Assembly XII sets out protections for employees and non-retaliation provisions.           (ii)  the (a)  is capable of consenting to the collection, use or disclosure of personal health information by a health information custodian; (b)  in the case of an individual, is at least 16 years old or is the parent of the individual to whom the personal health information relates; (c)  is not prohibited by court order or separation agreement from having access to the individual to whom the personal health information relates or from giving or refusing consent on the individual’s behalf; (e)  is willing to assume the responsibility of making a decision on whether or not to consent.  2004, c. 3, Sched. A, s. 26 (2). local board, as defined in the,    (f)  a “identifying information” has the same meaning as in subsection 4 (2). 2016, c. 6, Sched. appropriate in the circumstances. Investigation on disclosure of information by Commissioner and staff. 2020, c. 5, Sched. (2) If the Commissioner takes an action described in clause (1) (b) or (c) but no settlement is effected within the time period specified. (16) Except on the trial of a person for perjury in respect of his or her sworn testimony, no statement made or answer given by that or any other person in the course of a review by the Commissioner is admissible in evidence in any court or at any inquiry or in any other proceedings, and no evidence in respect of proceedings before the Commissioner shall be given against any person.  2004, c. 3, Sched. A, s. 60 (16). 2020, c. 5, Sched. individual who made the request. 3, s. 8 (7)), Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “personal health information” in subsection 4 (1) of the Act is amended by adding the following clause: (See: 2020, c. 13, Sched. persons or any other individuals under this Act and regulating the manner in (4) The electronic audit log must include, for every instance in which a record or part of a record of personal health information that is accessible by electronic means is viewed, handled, modified or otherwise dealt with.   (a)  the to the individual to be disclosed at the proposed time;   (b)  the (a)  the individual to whom the personal health information relates or the representative requests the termination; (b)  the representative is no longer capable of consenting to the collection, use or disclosure of personal health information; (c)  the appointment is no longer in the best interests of the individual to whom the personal health information relates; or. under sections 23 or 24. respond to each applicant as accurately and completely as reasonably possible; the Commissioner must dispose of the issues by making an order under this 55.9.1 (1) Where the prescribed requirements, if any, are met, the prescribed organization may provide personal health information that is accessible by means of the electronic health record to a coroner in relation to an investigation conducted under the Coroners Act.    (c)  that (a)  subject to the requirements and restrictions, if any, that are prescribed, for the purpose of a proceeding or contemplated proceeding in which the custodian or the agent or former agent of the custodian is, or is expected to be, a party or witness, if the information relates to or is a matter in issue in the proceeding or contemplated proceeding; (b)  to a proposed litigation guardian or legal representative of the individual for the purpose of having the person appointed as such; (c)  to a litigation guardian or legal representative who is authorized under the Rules of Civil Procedure, or by a court order, to commence, defend or continue a proceeding on behalf of the individual or to represent the individual in a proceeding; or, (i)  a summons, order or similar requirement issued in a proceeding by a person having jurisdiction to compel the production of information, or. (a)  whether the objectives of the research can reasonably be accomplished without using the personal health information that is to be disclosed; (b)  whether, at the time the research is conducted, adequate safeguards will be in place to protect the privacy of the individuals whose personal health information is being disclosed and to preserve the confidentiality of the information; (c)  the public interest in conducting the research and the public interest in protecting the privacy of the individuals whose personal health information is being disclosed; and.
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