Collection
Access to Information Orders
Date
File Numbers
HA23-00046
Adjudicators
Cathy Hamilton
Decision Type
Decision
Applicable Legislation
PHIPA - 52(3)
PHIPA - 52(1)(e)(i)
FIPPA - 20
FIPPA - 49(d)
This decision addresses a complaint of an access decision made under the Act for all of the complainant’s personal health information held by the custodian. The custodian denied access to all of the records, claiming the application of the exemption in section 52(1)(e)(i) (risk of harm, including to treatment or recovery). In this decision, the adjudicator finds that most of the records are dedicated primarily to the complainant’s personal health information while others are not, and that in either case, the exemption in section 52(1)(e)(i) does not apply. The custodian is ordered to release the records, either in whole or in part, to the complainant.