Collection
Health Information and Privacy
Date
File Numbers
HA20-00204
Adjudicators
Jennifer James
Decision Type
Decision
Applicable Legislation
PHIPA - 2
PHIPA - 4
PHIPA - 52
Regulated Health Professions Act - 36(3)
A patient made an access request under PHIPA for notes taken during a meeting he had with a Director of a facility. The custodian denied access to the notes claiming that the legal privilege exemptions in section 52(1)(a) and (c) (legal privilege) apply. The adjudicator finds that the notes are dedicated primarily to the complainant’s personal health information and that the legal privilege exemptions do not apply. The adjudicator orders the custodian to grant the complainant access to the whole record.