Personal Health Information - Update

Sara Zborovski and Alexi Wood (Toronto)

Overview of Presentation

• The Ontario Personal Health Information Protection Act (“PHIPA”)

• Electronic Health Records

• The Impact of New Technologies

• Fact Scenarios

PHIPA: Background

vs

PHIPA: Personal Health Information

• Identifying information

• About an individual

• Oral / recorded form

• Related to … health

PHIPA: Health Information Custodian

• Custody or control of PHI

• In connection with performance of powers or duties

PHIPA: Collection, Use and Disclosure

Collection

Use

Disclosure

• Consent

And

• Lawful purpose

Or

• Otherwise permitted or required

PHIPA: Compliance

• Written policies / statements

• Required consents

• Access

PHIPA: Security

PHIPA: Enforcement

Electronic Health Records

• Background

• Current Status: Bill 78

• PHIPA Issues and Concerns

New Technologies

Working it Through: Fact Scenarios

Emily has the hallmarks for diabetes. Her doctor recommends she walks 1 km 3 times a week to avoid diabetes. He asks her to buy a Fitbit and email him the results once a week.

Emily emails off her work computer.

Emily’s workplace has a policy that allows the employer access to all email communication sent on the work server.

Working it Through: Fact Scenarios

Frank’s workplace is promoting healthy living. It offers gym memberships and transit passes. It also has a month-long competition where several prizes are awarded in certain categories, including most distance run or walked in a month, and ‘most improved’ health.

Working it Through: Fact Scenarios

Sam’s employer offers an occupational health clinic. It is staffed every day by a registered nurse and once every other week a physician is on site. The clinic offers massage therapy and physiotherapy as well.

Sam has recently been terminated and has sued the employer for wrongful termination.

Working it Through: Fact Scenarios

Alex is involved in litigation arising out of a car accident. Alex has a Fitbit and records all data daily. The defendant seeks access to Alex’s Fitbit information.

THANK YOU!

Sara ZborovskiPartner, Toronto416.862.3352

szborovski@davis.ca

Follow us @DavisLLP

This presentation is intended to provide general comments on developments in the law. It is not intended to be a comprehensive review nor is it

intended to provide legal advice. You should not act on information in the presentation without first seeking specific advice on a particular matter.

Alexi WoodAssociate, Toronto

416.941.5403awood@davis.ca