PHIPA DECISION 203

Collection
Health Information and Privacy
Date
File Numbers
HA20-00110
Adjudicators
Jennifer James
Decision Type
Decision
Applicable Legislation
PHIPA - 3(1)
PHIPA - 4(1)
PHIPA - 57(3)
PHIPA - 57(4)
Regulated Health Professions Act - 36(3)

The complainant made a request under the Personal Health Information Protection Act to the custodian seeking copies of records containing her personal health information. In her complaint to the IPC, the complainant takes the position that the custodian deleted emails that would have been responsive to her request and asks the IPC to conduct an audit of the custodian’s computer so that the emails may be recovered and provided to her. The complainant raised the same allegation in a complaint to the College of Psychologists (the college), of which the custodian is a member.

In this decision, the adjudicator finds that no review of the complaint is warranted given that the college proceedings appropriately dealt with the subject matter of the complaint before the IPC. The adjudicator exercises her discretion under section 57(4)(b) of PHIPA not to review the complaint.