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Document
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P-18
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File #
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880086
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Institution/HIC
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Ministry of Health
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Summary
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order in Appeal No. 880016 released July 28, 1988. In that case I determined that section 44 of the Health Insurance Act , R.S.O. 1980, c.197 and section 7 of the Health Care Accessibility Act , S.O. 1986, c.20, in the circumstances of the appeal did qualify as "confidentiality provisions" as that term is used in section 67 of the Freedom of Information and Protection of Privacy Act, 1987 . Further, I concluded that the names of doctors who provided health care services, their billing numbers and the dates on which they opted in or out of the Ontario Health Insurance Plan was information falling within the scope of the "confidentiality provisions" noted above. Although I have carefully reviewed the representations which I received from the parties to this appeal, I have not altered my findings as made in Appeal No. 880016. Before concluding, I would like to stress that in making these determinations I have not engaged in a balancing of access and privacy interests. Indeed, where an institution relies upon a valid "confidentiality provision" so as to remove itself from the ambit of the Act , I do not engage in such a balancing act. My responsibility in these cases is still heavy, because as I stated in Order No. 880016, I do not intend to accept the institution's assertion that a clause is a "confidentiality provision" on the basis of the institution's claim alone. I intend to subject each such claim to my independent analysis and scrutiny. As I said at page 10 of my Order in Appeal No. 880016: "While the head of an institution must determine at first instance whether a particular statutory provision is a "confidentiality provision" precluding access to the requester, I, too, must be assured of the relevance and application of the provision upon receipt of an appeal". In conclusion, I find that section 44 of the Health Insurance Act and section 7 of the Health Care Accessibility Act operate to bar the application of the Freedom of Information and Protection of Privacy Act, 1987 in respect to the information requested by the appellant. Accordingly, I cannot interfere with the decision of the head. Original signed by: Sidney B. Linden Commissioner October 6, 1988
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Legislation
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Subject Index
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Signed by
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Sidney Linden
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Published
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Oct 06, 1988
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Type
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Order
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