PHIPA DECISION 189

The complainant requested access to an electronic file containing his personal health information. The custodian granted the complainant partial access to responsive records claiming that disclosure of the names of certain individuals withheld would give rise to the harm contemplated in the exemption at section 52(1)(e)(i) (harm to patient or others) of the Personal Health Information Protection Act. The complainant filed a complaint with the Information Privacy Commissioner of Ontario seeking access to the withheld names. The complainant also argued that further responsive records should exist.
In this interim decision, the adjudicator upholds the custodian’s search for records. However, she defers consideration of the possible application of the exemption at section 52(1)(e)(i) pending the complainant’s written confirmation that he continues to seek access to the withheld names and the subsequent notification of these individuals.