PHIPA DECISION 190

Collection
Health Information and Privacy
Date
File Numbers
HA19-00300
Adjudicators
Stella Ball
Decision Type
Decision
Applicable Legislation
PHIPA - 3(1)4i
PHIPA - 4(1)(a)
PHIPA - 4(1)(b)
PHIPA - 55(8)
Mental Health Act - s. 15

The complainant sought a review of the hospital’s decision to refuse her request, under the Personal Health Information Protection Act, to correct her records of personal health information related to her hospital admission. The complainant sought removal of a form, signed by a physician, requiring her to undergo a psychiatric assessment, and removal of references to her having schizophrenia and suicidal thoughts. The hospital relied on the exception at section 55(9)(b) (professional opinions or observations made in good faith) of PHIPA to the duty to correct in section 55(8).

In this decision, the adjudicator finds that the hospital does not have a duty to make the requested corrections under section 55(8) of PHIPA because the complainant has not demonstrated that the information is incomplete or inaccurate for the purposes for which the hospital uses the information. As a result, she does not need to consider the exception at section 55(9)(b).