This decision relates to a request made under PHIPA to Midland Gardens Care Community (the custodian) for access to video surveillance footage of an incident involving the complainant. The custodian refused access to the video, in its entirety.
In this decision, the adjudicator does not uphold the custodian’s decision and she orders it to disclose to the complainant the portions of the video that contain their personal health information that can reasonably be severed from the video. To reach this conclusion, the adjudicator determined that the personal health information of the complainant is not subject to either of the exemptions claimed by the custodian [sections 52(1)(b) (another act prohibits disclosure) and 52(1)(e)(i) (risk of serious harm)].