P-1382

The appellant is the widow of a deceased individual. She submitted a request to the Ministry of Health (the Ministry) under the Freedom of Information and Protection of Privacy Act (the Act) for access to records containing the quantum of hospital medical expenses incurred in the treatment of her husband before his death.

The Ministry located one responsive record, namely the OHIP Claims Reference File (CREF) relating to the appellant's husband. The CREF is a record of all claims for OHIP-insured services. The Ministry issued a preliminary decision in which it indicated that the requested record contained the personal information of the deceased husband and was subject to exemption pursuant to section 21 of the Act.

In this decision letter, the Ministry advised the appellant of the provisions of section 66(a) of the Act. This section permits the personal representative of a deceased person to exercise a right or power of the deceased under the Act if the exercise of the right or power relates to the administration of the deceased's estate. The Ministry invited her to submit appropriate documentation which it would take into consideration in determining whether section 66(a) was applicable in the circumstances. The appellant provided the Ministry with a copy of her husband's will appointing her executrix of his estate.

The Ministry issued a final decision and indicated that, in its view, the appellant could not avail herself of the provisions of section 66(a) of the Act. Accordingly, access to the CREF was denied under the "invasion of privacy" exemption in section 21(1) of the Act.

The appellant appealed the decision of the Ministry. A Notice of Inquiry was provided to the Ministry and the appellant. Representations were received from both parties.

• FIPPA
• 2(1) personal information (b)
• 2(2)
• 21(1)(f)
• 21(3)(a)
• 66(a)

• OHIP Claims Reference File