Your Rights under PHIA: Personal Health Information Access & Privacy

Your rights

Under The Personal Health Information Act (PHIA) you have the right to:

• access your personal health information (with some exceptions) and ask that any errors be corrected
• privacy of your personal health information, which should only be collected, used and shared for purposes allowed by PHIA
• make a complaint to the ombudsman about access to and privacy of your personal health information
• have someone else exercise your rights or make a complaint on your behalf

Personal health information is recorded information about you, your health and health history. It also includes:

• information about the type of care or treatment you are receiving (including medications you are taking)
• your Personal Health Identification Number (PHIN), which is a number unique to you
• your name, address and telephone number

PHIA applies to all recorded personal health information regardless of its format – paper files, electronic or other forms managed by trustees. Under PHIA, people and organizations who collect, use and hold our personal health information are called trustees.

Trustees under PHIA include:

• provincial government departments and agencies (including crown corporations, boards and commissions)
• local government bodies (such as municipalities, local government districts, planning districts and conservation districts)
• local public bodies including educational bodies (such as school divisions, universities and colleges)
• health-care bodies such as health authorities
• health professionals such as doctors, dentists, physiotherapists and chiropractors
• health-care facilities such as hospitals, medical clinics, personal care homes, community health centres and laboratories
• health services agencies that provide health care under an agreement with a trustee

Making a complaint to the ombudsman

PHIA gives you the right to complain to the Ombudsman if you think a trustee:

• should not have collected your personal health information or collected it in a manner contrary to PHIA
• used your personal health information for some purpose other than how you expected it to be used
• wrongly disclosed your personal health information to some other person or organization
• failed to protect your personal health information in a secure manner

You can also complain about not getting access to your personal health information or about the handling of your request including that:

• the trustee did not respond to your request within the time frames specified in PHIA
• you think fees for your personal health information are too high
• you did not get access to some or all of the personal health information you requested
• the trustee has refused to correct your personal health information that you believe is inaccurate

PHIA complaints must be made in writing which can be done through email, our online forms or in a letter. You can also call us with any questions. Our services are free.