PHIPA DECISION 129

A father filed a complaint against a counselling centre’s decision to deny him access to records containing the personal health information (PHI) of his three children. In this decision, the adjudicator finds that the father does not have an independent right of access to his children’s PHI under Part V of PHIPA, given the children’s mother’s objection, and dismisses his complaint. However, the adjudicator finds that the father’s evidence raises the potential application of sections 41(1)(d)(i) (court order) and 43(1)(h) (other statute) under Part IV of PHIPA which may permit the custodian to disclose the records to the father without consent of the other parent. The adjudicator makes no order but suggests that the custodian turn its mind to the discretionary disclosure provisions under PHIPA.