Mar 3, 2015

For the first time, Acting Manitoba Ombudsman Mel Holley has referred a matter under The Personal Health Information Act (PHIA) to Manitoba Information and Privacy Adjudicator Ron Perozzo for additional review after a trustee did not comply with the ombudsman’s recommendations.

“This was an important matter to both the complainant and the trustee,” said Holley, “and also one that could have broader implications for others in similar circumstances.” 

Manitoba’s information and privacy laws were amended, effective January 1, 2011, to create an information and privacy adjudicator – an additional level of independent review and complaint resolution available to the ombudsman in access and privacy matters. The ombudsman may refer a matter to the adjudicator if a public body or trustee does not act on a recommendation made by the ombudsman in an access to information or privacy complaint. Upon completing a review, the adjudicator has the power to make an order. Copies of orders will be made available to the public by the adjudicator.

Manitoba Ombudsman received a complaint that a registered psychologist and health information trustee had refused access in response to a request from an individual to view and receive copies of the individual’s own personal health information as allowed under PHIA. The ombudsman recommended release of the records to the complainant. As a result of the trustee’s refusal to take action to implement the recommendations, the ombudsman requested that the information and privacy adjudicator review the trustee’s failure to act. The adjudicator is currently undertaking his review.

The ombudsman’s report with recommendations and response (Case 2013-0419) is available at:

https://www.ombudsman.mb.ca/uploads/document/files/case-2013-0419-en.pdf