1, s. 1 (25). A, s. 37 (1); 2007, c. 10, Sched. (b) 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. 2004, c. 3, Sched. (4) A production order may contain any conditions the justice considers advisable. 61 (1) After conducting a review under section 57 or 58, the Commissioner may. By way of example, individuals may report unwanted or deceptive commercial email (“spam”) directly to the FTC, and telemarketing violations directly to the FCC. 2004, c. 3, Sched. 2016, c. 6, Sched. Provision of personal health information to, and collection by, coroners and medical officers of health. (4) A person who is not a health information custodian is authorized to collect the personal health information that a health information custodian may disclose to the person under clause (1) (c). (See: 2020, c. 13, Sched. (a) provides a general description of the custodian’s information practices; (i) the contact person described in subsection 15 (3), if the custodian has one, or. A, s. 24 (4). (3) Despite subsection (1), if a record is not a record dedicated primarily to personal health information about the individual requesting access, the individual has a right of access only to the portion of personal health information about the individual in the record that can reasonably be severed from the record for the purpose of providing access. By way of federal law example, COPPA provides parents the right to review and delete their children’s information and may require that data be deleted even in the absence of a request. 30, s. 8 (1); 2020, c. 5, Sched. 2004, c. 3, Sched. (b) prescribed information in circumstances that are prescribed. A, s. 27 (7). Note: On a day to be named by proclamation of the Lieutenant Governor, section 5 of the Act is amended by adding the following subsection: (See: 2017, c. 25, Sched. (11) Subject to subsection (12), neither a court, nor the Commissioner shall review any action, decision, failure to take action or failure to make a decision by the Lieutenant Governor in Council or the Minister under this section. 2004, c. 3, Sched. (17) The Commissioner shall inform a person giving a statement or answer in the course of a review by the Commissioner of the person’s right to object to answer any question under section 5 of the Canada Evidence Act. A, s. 24 (9). A, s. 3 (12). (4) Before requesting the disclosure of personal health information under subsection (2), the Minister shall submit a proposal to the Commissioner and, in accordance with this section, allow the Commissioner to review and comment on the proposal. 6, s. 17. (8) If the health information custodian refuses or is deemed to have refused the request, in whole or in part, (a) the individual is entitled to make a complaint about the refusal to the Commissioner under Part VI; and. A, s. 5 (3). There is no guarantee that organizations will protect your personal information as much as you'd like. In other circumstances, parents are entitled to receive copies of information collected online from their children under the age of 13. 1, s. 1 (17). A, s. 26 (3). (d) relates to payments or eligibility for health care, or eligibility for coverage for health care, in respect of the individual. 1, s. 1 (17). A, s. 74 (13). (16) If the Minister has lawfully required the disclosure of personal health information for a purpose described in subsection (2) in the 18 months before this section comes into force, this section does not apply with respect to a disclosure the Minister requires for a substantially similar purpose after this section comes into force until the first anniversary of the coming into force of this section. A, s. 24 (6). It shall make available to the public and to each health information custodian that provides personal health information to it. comes into force, paragraph 3 of the definition of “health information custodian” in subsection 3 (1) of the Act is amended by adding “A health service provider or person or entity that is part of an Ontario Health Team is a health information custodian in connection with the provision of any home and community care service within the meaning of the Connecting Care Act, 2019, even where a particular home and community care service is not funded under that Act.” at the end. 1, s. 1 (13). (4) The Minister or minister of a prescribed ministry, as the case may be, who makes a request under subsection (1) shall not collect, use or disclose more personal health information than is reasonably necessary to meet the purpose of the collection, use or disclosure, as the case may be. (17) If the Minister requires a disclosure for a substantially similar purpose under subsection (16) after this section comes into force, the Minister shall notify the Commissioner within the later of the time of requiring the disclosure and 90 days after this section comes into force. 55.3 The prescribed organization shall comply with the following requirements in developing and maintaining the electronic health record: 1. 2004, c. 3, Sched. Data breaches make you vulnerable to phishing scams or identity theft. Privacy notices must be accessible and have alternative format access clearly called out. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 of subsection 23 (1) of the Act is amended by striking out “(3) or (4)” and substituting “(3), (3.1) or (4)”. (2) The amount of an administrative penalty for a contravention shall, (a) reflect the purposes referred to in subsection (1); and. (d) make a complaint about the refusal to the Commissioner under Part VI. 2004, c. 3, Sched. 2004, c. 3, Sched. (b) personal health information collected or created for the purpose of complying with the requirements of a quality assurance program within the meaning of the Health Professions Procedural Code that is Schedule 2 to the Regulated Health Professions Act, 1991; (c) raw data from standardized psychological tests or assessments; or. A, s. 44 (11). 2004, c. 3, Sched. i. make available to each health information custodian that provided personal health information to the prescribed organization a written copy of the results of the assessments carried out under paragraph 10 that relates to the personal health information the custodian provided, and. Before sharing sensitive information, make sure you’re on a federal government site. A, s. 21 (5). (6) A notice made under this section shall meet the prescribed requirements, if any. (See: 2020, c. 5, Sched. 2004, c. 3, Sched. 2004, c. 3, Sched. Secure .gov websites use HTTPS A lock ( A locked padlock) or https:// means you’ve safely connected to the .gov website. A, s. 66. A prescribed entity mentioned in subsection 45 (1). 2004, c. 3, Sched. The .gov means it’s official. These agreements must include limitations on use and disclosure, and require vendors to abide by HIPAA’s Security Rule, to provide breach notification and report on unauthorised use and disclosure, to return or destroy protected data, and to make its books, records, and practices available to the federal regulator. (12.1) Despite subsections (2) and (12), the Commissioner shall not inspect a record of, require evidence of, or inquire into personal health information without the consent of the individual to whom it relates except in the circumstances referred to in subsections (13) and (14.1). (4) The Ombudsman Act does not apply to any matter in respect of which a complaint may be made to the Commissioner under this Act or to the Commissioner or his or her employees or delegates acting under this Act. A, s. 62 (4). (c) is a plan of service within the meaning of the Home Care and Community Services Act, 1994 (9) Sections 73 to 81 of the Health Care Consent Act, 1996 apply with necessary modifications to an application under this section. At the federal level, the Federal Trade Commission Act (15 U.S. Code § 41 et seq.) 2004, c. 3, Sched. (d) the individual to whom the personal health information relates has a guardian of the person, a guardian of property, an attorney for personal care, or an attorney for property, who has authority to give or refuse consent to the types of collections, uses and disclosures for which the appointment was made and in the circumstances to which the appointment applies. While the United States has no plenary data protection regulator, the FTC’s authority is very broad, and often sets the tone on federal privacy and data security issues. (a) if the review relates to a complaint into a request by an individual under subsection 53 (1) for access to a record of personal health information, make an order directing the health information custodian about whom the complaint was made to grant the individual access to the requested record; (b) if the review relates to a complaint into a request by an individual under subsection 55 (1) for correction of a record of personal health information, make an order directing the health information custodian about whom a complaint was made to make the requested correction; (c) make an order directing any person whose activities the Commissioner reviewed to perform a duty imposed by this Act or its regulations; (d) make an order directing any person whose activities the Commissioner reviewed to cease collecting, using or disclosing personal health information if the Commissioner determines that the person is collecting, using or disclosing the information, as the case may be, or is about to do so in contravention of this Act, its regulations or an agreement entered into under this Act; (e) make an order directing any person whose activities the Commissioner reviewed to return, transfer or dispose of records of personal health information that the Commissioner determines the person collected, used or disclosed in contravention of this Act, its regulations, or an agreement entered into under this Act but only if the return, transfer or disposal of the records is not reasonably expected to adversely affect the provision of health care to an individual.
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