PHIPA DECISION 206

Collection
Health Information and Privacy
Date
File Numbers
HA21-00238
Adjudicators
Catherine Corban
Decision Type
Decision
Applicable Legislation
PHIPA - 55(1)
PHIPA - 55(8)
PHIPA - 55(9)(b)
PHIPA - 55(11)
PHIPA - 55(12)

The complainant requested, under section 55(1) of the Personal Health Information Protection Act, 2004 (PHIPA), that her former family physician (the physician) make corrections to a record of her personal health information, a progress note. The physician denied the correction request stating that the conditions necessary to require a correction in PHIPA had not been met. He also relied on the exception to that duty which permits him to refuse to correct professional opinions or observations made in good faith. In this decision, the adjudicator upholds the physician’s refusal to correct the progress note, finding that the exception to the duty to correct, at section 55(9) of PHIPA, applies to the personal health information at issue. She dismisses the complaint.