PHIPA DECISION 154

Collection
Health Information and Privacy
Date
File Numbers
HC18-46
Adjudicators
Jenny Ryu
Decision Type
Decision - PHIPA
Applicable Legislation
PHIPA - 2
PHIPA - 4(1)
PHIPA - 4(4)
PHIPA - 20(2)
Occupational Health and Safety Act - 63(2)
Occupational Health and Safety Act - 63(6)

The complainant, an employee of the hospital, complained about the hospital’s handling of information in her file in the hospital’s Occupational Health Services (OHS) department. The complainant’s OHS file contains identifying information about her, including medical documentation that she provided to address issues such as her capacity to work, entitlement to sick pay, and workplace accommodation needs. In this decision, the adjudicator finds that the complainant’s OHS file is maintained primarily for employment purposes, not for health care purposes, and is not a record of personal health information within the meaning of the Personal Health Information Protection Act, 2004 [section 4(4)]. As a result, PHIPA does not apply to the hospital’s handling of information in the OHS file. She dismisses the complaint.