Privacy
The following are some enabling provisions that permit the sharing of information with police under certain circumstances. As well, there is an immunity built into the same legislation. Please read the following;
Personal Health Information Protection Act 2004, S. O 2004, c. 3, Sched. A;
Disclosures related to risks-
- 40.(1) A health information custodian may disclose personal health information about an individual if the custodian believes on reasonable grounds that the disclosure is necessary for the purpose of eliminating or reducing a significant risk of serious bodily harm to a person or group of persons. 2004, c. 3, Sched. A, s. 40 (1).
Immunity-
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71.(1) No action or other proceeding for damages may be instituted against a health information custodian or any other person for,
- anything done, reported or said, both in good faith and reasonably in the circumstances, in the exercise or intended exercise of any of their powers or duties under this Act; or
- any alleged neglect or default that was reasonable in the circumstances in the exercise in good faith of any of their powers or duties under this Act. 2004, c. 3, Sched. A, s. 71 (1).
**A “health information custodian” is defined as
- Health care practitioner
- Long Term Care service provider
- Community Access Care Centre (CCAC)
- Hospitals, psych facilities
- Charitable Homes, Homes for the Aged, Rest Homes
- Pharmacies, laboratories
- Ambulance service
- Centre, program or service for community health or mental health whose primary purpose is the provision of health care