PHIPA DECISION 197

Collection
Health Information and Privacy
Date
File Numbers
HA21-00167
Adjudicators
Catherine Corban
Decision Type
Decision
Applicable Legislation
PHIPA - 3(1)
PHIPA - 4(1)
PHIPA - 55(1)
PHIPA - 55(8)
PHIPA - 55(9)(b)
PHIPA - 55(11)
PHIPA - 55(12)
PHIPA - 55.6

Under the Personal Health Information Protection of Privacy Act, 2004 (PHIPA) the complainant submitted a correction request to the William Osler Health System – Peel Memorial Centre (the custodian) requesting that notes made in her medical record indicating that she had a specified medical condition be struck from her record. The custodian denied the complainant’s request on the basis of section 55(9)(b) of PHIPA which sets out an exception to a custodian’s duty to correct at section 55(8) of PHIPA provided that the information consists of professional opinions or observations made in good faith. In this decision, the adjudicator upholds the custodian’s refusal to correct the personal health information in the record under section 55(8) of PHIPA because the exception at section 55(9)(b) applies. She dismisses the complaint.