PHIPA DECISION 123

The complainant requested the video recordings of events leading up to, and including, his restraint and placement in a seclusion room by staff at Waypoint Centre for Mental Health Care (the hospital). The hospital denied the complainant access to the responsive records under section 52(1)(f) of the Personal Health Information and Protection Act, 2004 (PHIPA), with reference to section 49(a) of the Freedom of Information and Protection of Privacy Act (FIPPA), in conjunction with various law enforcement exemptions in section 14(1) of FIPPA.
The adjudicator finds that the records are not “dedicated primarily to” the complainant’s personal health information (PHI). Accordingly, the complainant’s right of access under PHIPA is limited to his PHI that can reasonably be severed from the remaining portions of the records. The adjudicator finds that some portions of the records containing the complainant’s PHI qualify for exemption under section 52(1)(f) of PHIPA, with reference to sections 49(a) and 14(1)(k) (security of a centre of lawful detention) of FIPPA.
The hospital is ordered to grant the complainant access to the portions of the video containing his PHI that can reasonably be severed from the exempt information.