A complainant requested that a public hospital make his requested changes to certain hospital records concerning him, and to circulate those changes (or, in the alternative, a statement of his disagreement with the contents of the original records) to a list of individuals or groups within the hospital. The hospital refused his requests, including on the basis he had not established the duty to correct in section 55(8) of the Personal Health Information Protection Act, 2004 (PHIPA), and that the information at issue falls within the exception to the duty to correct for professional opinions or observations made in good faith (section 55(9)(b) of PHIPA). The hospital also refused to circulate his statement of disagreement to named hospital agents on the basis there is no duty in PHIPA to do so. In addition to his complaint to the IPC about the hospital’s decisions, the complainant challenged the constitutionality of the hospital’s actions in a Notice of Constitutional Question served on the IPC and on the Attorneys-General of Ontario and Canada.
In this decision, the adjudicator determines there are no reasonable grounds to review the complaint under PHIPA. She accordingly exercises her discretion under sections 57(3) and (4) not to conduct a review, and dismisses the complaint.