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
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
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