PHIPA DECISION 54

Collection
Health Information and Privacy
Date
File Numbers
HC15-74
Adjudicators
Frank DeVries
Decision Type
Order - PHIPA
Applicable Legislation
PHIPA - 3
PHIPA - 4
PHIPA - 55(12)
PHIPA - 10(2)
PHIPA - 18
PHIPA - 19
PHIPA - 29

The complainant, a patient of Dr. Philip Solomon, requested that Dr. Solomon disclose to another health information custodian records of her personal health information relating to a specified treatment. The complainant subsequently amended her consent in a number of follow-up communications with Dr. Solomon and his office.
In this decision, the adjudicator makes findings on the scope of the complainant’s consent to the disclosure of her personal health information following various amendments to her consent. The adjudicator concludes that Dr. Solomon disclosed to the recipient doctor some personal health information of the complainant outside the scope of the complainant’s consent, and in contravention of the Personal Health Information Protection Act, 2004. Dr. Solomon is ordered to develop and implement a written information practice that addresses how consents from patients to the disclosure of their personal health information are to be processed, documented and clarified.