PHIPA DECISION 194

Collection
Health Information and Privacy
Date
File Numbers
HA20-00127
Adjudicators
Catherine Corban
Decision Type
Decision
Applicable Legislation
PHIPA - 2
PHIPA - 3(1)
PHIPA - 4(1)
PHIPA - 4(2)
PHIPA - 4(3)
PHIPA - 8(1)
PHIPA - 8(4)
PHIPA - 52(1)(c)
PHIPA - 52(1)(d)(i)(ii)
PHIPA - 52(2)
PHIPA - 52(3)
Municipal Freedom of Information and Protection of Privacy Act - Section 2(1)
Municipal Freedom of Information and Protection of Privacy Act - Section 4(1)
Municipal Freedom of Information and Protection of Privacy Act - Section 36(1)
Municipal Freedom of Information and Protection of Privacy Act - Section 52(3)
Ambulance Act

An individual submitted a request under the Personal Health Information Protection Act (PHIPA or the Act) to the Region of Peel (the custodian) for access to an investigation report (the report) resulting from his complaint to the Professional Standards Department of Peel Regional Paramedic Services, a division of the Region of Peel. The custodian denied access to the report on the basis that it is exempt from disclosure under sections 52(1)(c) (for use in a proceeding) and 52(1)(d) (for an investigation authorized by law) of PHIPA. The custodian also claimed that the report was excluded from the scope of MFIPPA as a result of the application of the exclusion at section 52(3) (records related to labour relations and employment-related matters) of that act. In this decision, the adjudicator finds that access to the report is governed by PHIPA, not MFIPPA and that neither of the exemptions at sections 52(1)(c) and (d) of PHIPA apply. She orders the custodian to provide the report to the complainant.