PHIPA DECISION 181

Collection
Health Information and Privacy
Date
File Numbers
HA19-00243
Adjudicators
Cathy Hamilton
Decision Type
Decision
Applicable Legislation
PHIPA
PHIPA - 53
PHIPA - 54
PHIPA - 55(8)
PHIPA - 55(9)(b)

The complainant made an access and correction request to Alexandra Marine and General Hospital (the hospital) under the Personal Health Information Protection Act (the Act). Upon receipt of his records of personal health information, the complainant requested corrections of the information in them. He also believed that further records exist that are responsive to his access request, raising the issue of reasonable search. In this decision, the adjudicator finds that the exception to the duty to correct at section 55(9)(b) (good faith professional opinion or observation) applies. The hospital’s decision to not make the requested corrections is upheld. With respect to the hospital’s search for responsive records, the adjudicator upholds the hospital’s search with one exception and orders the hospital to conduct a further search for a particular mental health assessment and issue a new decision letter to the complainant with respect to the results of the search.