What is the Personal Health Information Act (PHIA)?

The Personal Health Information Act (PHIA) provides access to information and protection of privacy rights concerning personal health information. PHIA allows individuals to examine and receive a copy of their own personal health information from a trustee holding this information. PHIA imposes obligations on trustees for the protection of personal health information, specifically its collection, use, disclosure and security. It was proclaimed as law in Manitoba on December 11, 1997.

Who falls under PHIA?

PHIA applies to trustees who maintain (have custody or control of) personal health information. Trustees are:

• all public bodies that fall under FIPPA, including provincial government departments, government agencies and local public bodies. Local public bodies include educational bodies (such as school divisions, universities and colleges), health care bodies (such as hospitals and regional health authorities) and local government bodies (such as the City of Winnipeg, municipalities, local government districts, planning districts and conservation districts), and any other body in these categories designated in the regulations;
  
  
• health professionals licensed or registered to provide health care under an Act of the Legislature or who are members of a class of persons designated as health professionals in the Regulations (such as doctors, nurses, physiotherapists, psychologists, etc.);
  
  
• health care facilities (such as hospitals, personal care homes, psychiatric facilities, medical clinics, laboratories, The Manitoba Cancer Treatment and Research Foundation, and community health centres or other health care facilities designated in the regulations); and,
  
  
• health services agencies providing health care under an agreement with another trustee (such as the Victorian Order of Nurses and We Care).

What is a "record"?

PHIA defines a "record" as "a record of information in any form, and includes information that is written, photographed, recorded or stored in any manner, on any storage medium or by any means, including by graphic, electronic or mechanical means, but does not include electronic software or any mechanism that produces records".

What is "personal health information"?

Personal health information is information about an identifiable individual that relates to an individual's health and health care history including genetic information, the provision of health care to the individual, or payment for health care provided to the individual. This includes such things as your Personal Health Information Number (PHIN) assigned by Manitoba Health, as well as any identifying information collected in the course of providing health care services.

Who can see my personal health information?

PHIA provides you with a right of access to your own personal health information. An employee of the trustee who needs to know your personal health information to provide you with health care services may see your information. PHIA also allows for the sharing of your personal health information in specific limited circumstances. Division 3 of PHIA sets out the requirements for the protection of the privacy of your personal health information.

How do I request access to records containing my personal health information?

Requests for access to your personal health information must be made to the trustee whom you believe maintains the personal health information. The trustee may require your request to be in writing; there is no prescribed form for these situations.

Will I receive access to all of my personal health information?

There are certain specific and limited situations where a trustee is not required to permit you to examine your personal health information. These exceptions are listed in section 11(1) of PHIA. If one or more of these exceptions apply, the trustee is required to sever the information that cannot be examined and provide you with a copy of the remainder of the information. The practice of severance, which involves removing information that falls within an exception to disclosure from a copy of the record to be released, enables the disclosure of as much information as possible. This means that your request may result in the disclosure of only parts of the record(s) you wish to access.

Will I have to pay anything for access?

A trustee may charge a reasonable fee for permitting examination of personal health information and providing a copy.

How do I request corrections to my personal health information?

If, after obtaining access to your personal health information, you believe that there is an error or omission in the information, you may request a correction to that information. There is no prescribed form for this purpose, but PHIA requires that the request be in writing. Your letter should be sent to the trustee who maintains this information.

What is the role of the Ombudsman?

The responsibilities of the Ombudsman under PHIA include the investigation of complaints respecting access to information and protection of personal health information; investigating, auditing, and monitoring compliance with the Act; and promoting public awareness of PHIA.

How do I make a complaint to the Ombudsman?

PHIA requires that a complaint be made in writing [section 39(3)]. This requirement may be met by writing a letter to the Ombudsman describing the nature of the complaint. Any additional information or relevant correspondence may be attached to the complaint. Please see "How do I contact the Ombudsman?", below, for our mailing address. Because of privacy and security concerns, we do not accept or reply to complaints via e-mail or our web site.

What will happen when I make a complaint to the Ombudsman?

Upon receiving a complaint under PHIA, the Ombudsman makes initial contact with the complainant and with the trustee involved. During an investigation, the Ombudsman reviews the complaint in relation to the provisions of PHIA, considers the relevance of other legislation, examines any records relating to the complaint and speaks with employees of the trustee.

If the matter cannot be resolved informally, the Ombudsman may issue recommendations to the trustee. The Ombudsman will provide a report to the complainant and the trustee containing findings about the complaint and any recommendations the Ombudsman considers appropriate respecting the complaint.

What happens if the Ombudsman makes recommendations?

If the report contains recommendations, the trustee must send the Ombudsman a written response within 14 days after receiving the report. The response must indicate whether the recommendations have been accepted and describe any action taken or proposed to implement them, or, the reasons why the trustee refuses to take actions to implement them.

What happens if the trustee doesn't follow the recommendations?

The Ombudsman may request that the Information and Privacy Adjudicator conduct a review into the matter if the recommendations are not followed. The Adjudicator is an independent officer of the Manitoba Legislature, separate from the Ombudsman's office and the trustee.

A request for a review can only be made by the Ombudsman, and not by the trustee or complainant. Upon completing a review, the Adjudicator makes an order, a copy of which is provided to the complainant, the trustee and the Ombudsman.

What if I'm not satisfied by the Ombudsman's findings?

You may appeal to the Manitoba Court of Queen's Bench if a trustee has refused to permit you to examine or receive a copy of your personal health information following a request submitted as described above. However, you can only appeal to the Court after making a complaint to the Ombudsman and the Ombudsman has reported on the complaint. In certain circumstances the Ombudsman also may decide to appeal a decision concerning a refusal of access to a record. There is no appeal to the Court respecting a trustee's collection, use or disclosure of personal information under PHIA.

What else does the Ombudsman do with respect to PHIA?

The Ombudsman has a variety of other general powers and duties under PHIA. These include promoting public awareness of the Act; investigating, auditing, and monitoring compliance with the Act; commenting on the access or privacy implications of proposed legislation or programs of trustees; and conducting research on matters relating to access or privacy. A full list of general powers and duties can be found in section 28 of PHIA.

How can I contact the Ombudsman?

We have two offices in Manitoba, one in Winnipeg and a regional office in Brandon:

750-500 Portage Avenue
Winnipeg, Manitoba
R3C 3X1
(204) 982-9130
1-800-665-0531 (toll-free)
(204) 942-7803 (fax)

202 Scotia Towers
1011 Rosser Avenue
Brandon, Manitoba
R7A 0L5
(204) 571-5151
1-888-543-8230 (toll free)
(204) 571-5157 (fax)

For inquiries relating to The Freedom of Information and Protection of Privacy Act or The Personal Health Information Act, please contact our Winnipeg office.

Please note: for reasons of confidentiality, we do not accept or reply to complaints using Internet e-mail.