Personal health information is identifying information about a person. It can be in verbal, written or in electronic format, and does not necessarily include the person’s name. If a person can be recognized, the information is considered personal health information, and is subject to the Personal Health Information Protection Act.

A member does not collect or use information about a client without the informed consent of the client or the client’s authorized representative, nor does the member disclose information about a client to anyone, including other health professionals, without the written informed consent of the client or the client’s authorized representative, except where disclosure is permitted or required by law. In obtaining informed consent from a client to disclose his/her information to any third party, the member must explain what information will be disclosed, to whom, the reasons for the disclosure, and the time-frame within which disclosure is to be made. The member should report back to the client following the disclosure.

In law, there are a limited number of circumstances where disclosure of personal health information is required without consent. Notable limits to confidentiality include:

1. where the member believes on reasonable grounds that disclosure is necessary to eliminate or reduce significant, imminent risk of serious bodily harm (includes physical or psychological harm) to the client or anyone else, e.g. suicide, homicide;

2. where disclosure is required under the Child and Family Services Act, 1990 for example, where the member has reasonable grounds to suspect that a child is in need of protection due to physical harm, neglect or sexual abuse by a person having charge of the child;

3. where necessary for particular legal proceedings (e.g. when the member is subpoenaed);

4. to facilitate an investigation or inspection if authorized by warrant or by any provincial or federal law (e.g. a criminal investigation against the member, his/her staff, or a client);

5. for the purpose of contacting a relative, friend or potential substitute decision-maker of the individual, if the individual is injured, incapacitated or ill and unable to give consent personally; and

6. to a college for the purpose of administration or enforcement of the Regulated Health Professions

Act, 1991 (e.g. providing information about your client to the College if a complaint has been made

against you, assessment of the member’s practice as part of the Quality Assurance Program; mandatory reporting where the member’s client is a regulated health professional and the member has reasonable grounds to believe that the client has sexually abused a patient/client);