Collection
Health Information and Privacy
Date
File Numbers
HA20-00118
Adjudicators
Jenny Ryu
Decision Type
Decision
Applicable Legislation
PHIPA - 2
PHIPA - 3(1)
PHIPA - 4
PHIPA - 5(1)
PHIPA - 6(3)
PHIPA - 23
PHIPA - 29
PHIPA - 41(1)(d)(i)
PHIPA - 52
PHIPA - 71(4)(b)
The complainant is a joint custodial parent of two minor children who received counselling services from the custodian, a doctor. Under PHIPA, the complainant made a request to the doctor for all communications between the doctor, the complainant, and the other joint custodial parent (the children’s father) regarding the children’s counselling services. The doctor denied the complainant’s request, including on the basis the responsive emails are not records of the children’s personal health information, and that the children’s father did not consent to release of the emails to the complainant.