PHIPA DECISION 193

Collection
Health Information and Privacy
Date
File Numbers
HA20-00182
Adjudicators
Jenny Ryu
Decision Type
Decision
Applicable Legislation
PHIPA - 55(1)
PHIPA - 55(8)
PHIPA - 55(9)(b)
PHIPA - 55(10)(c)
PHIPA - 55(11)

Under the Personal Health Information Protection Act, 2004 (PHIPA), the complainant requested that corrections be made to a consultation note documenting her visit to the London Health Sciences Centre (the hospital). Among other reasons, the complainant asserts that statements in the note about certain behaviours and health issues are inaccurate, and are inconsistent with information she later provided to the hospital about her health and her capacity to live a successful life. The complainant filed a complaint with the IPC about the hospital’s refusal to make her requested corrections. In this decision, the adjudicator upholds the hospital’s refusal to correct based on an exception to the duty in section 55(8) of PHIPA that otherwise requires the hospital to correct personal health information in certain circumstances. In this case, the adjudicator finds that the exception at section 55(9)(b) of PHIPA for professional opinions or observations (accurate or otherwise) made in good faith applies to the personal health information at issue in the consultation note. She dismisses the complaint.