PHIPA DECISION 245

This decision deals with two issues arising out of an access request made under the Personal Health Information Protection Act to the City of Toronto’s Seniors Services and Long-Term Care (the custodian) for records relating to a former resident of a long-term care home. The issues are the custodian’s search for records, and the legibility of records that were originally paper-based, subsequently scanned and released to the complainant by the custodian. In this decision, the adjudicator finds that the complainant has established a reasonable basis to conclude that further records exist regarding complaints that were made to the custodian about the health care provided to the resident. As a result, the custodian is ordered to conduct a further search for records relating to these complaints. Concerning the legibility of the records, the adjudicator finds that it is not necessary to order the custodian to re-scan the records because the custodian did so after the conclusion of the review of this complaint.