PHIPA DECISION 216

The issue in this complaint is whether information withheld under the Personal Health Information Protection Act, 2004 (the Act) and the Freedom of Information and Protection of Privacy Act (FIPPA) by Waypoint Centre for Mental Health Care (Waypoint) in response to an access request is upheld. The access request was for a copy of the requester’s health records, including any records relating to ethics reviews of the requester’s time spent confined or in seclusion at Waypoint. Waypoint denied access to portions of these records, claiming the application of section 52(1)(f)(ii)(A) of the Act, allowing it to withhold information under the exemption in section 49(a) FIPPA, read with the discretionary solicitor-client privilege exemption in section 19 of FIPPA. In this decision, the adjudicator finds that the records are “dedicated primarily” to the complainant’s personal health information within the meaning of section 52(3) of the Act. She also finds that the withheld portions of the records are exempt under section 49(a) of FIPPA, read with the solicitor-client exemption in section 19 of FIPPA. She upholds Waypoint’s exercise of discretion under sections 49(a) and 19 of FIPPA, and dismisses the complaint.