Correction of Personal Health Information Records

AuthorHalyna N. Perun; Michael Orr; Fannie Dimitriadis
Under the Personal Health Information Protection Act, 2004,1a patient has a
right to require that a record of inaccurate or incomplete personal health infor-
mation about him- or herself be corrected or amended, subject to some specif-
ic exceptions.2The subject matter of the correction may be major or minor in
nature: the right extends equally to matters large and small, provided that it is
significant enough to affect the purpose for which the custodian uses the infor-
mation.3The provision of this right is set out as one of the purposes of the Act.4
Where the patient has a substitute decision-maker authorized to act on his or
her behalf under PHIPA, the substitute decision-maker may take the steps to
correct the patient’s record on behalf of the patient.5
The rules for correction in PHIPA build on Principle 9 of the CSA Privacy
Code, incorporated in Schedule 1 of the Personal Information Protection and Elec-
tronic Documents Act,6which specifies that “an individual shall be able to chal-
1 S.O. 2004, c. 3, Sch. A [PHIPA].
2Ibid., s. 55(1).
3Ibid., s. 55(8).
4Ibid., s. 1(c).
5Ibid., s. 25(1). See Chapter 6, Section D.
6 S.C. 2000, c. 5. [PIPEDA].
14 Correction of Personal
Health Information

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