Ontario’s Personal Health Information Protection Act (PHIPA) allows individuals to file written complaints with the IPC.
A complaint may be filed with the IPC where there are reasonable grounds to believe that PHIPA has been, or is about to be, contravened, including in relation to:
- a health information custodian’s (custodian) information practices;
- collections, uses and disclosures of personal health information;
- a custodian’s refusal, or deemed refusal, to grant access to, or correction of, an individual’s record of personal health information.
WHAT ARE THE TIME LIMITS WITHIN WHICH AN INDIVIDUAL CAN FILE A COMPLAINT UNDER PHIPA?
An individual can file a complaint with the IPC within one year of becoming aware of the problem. PHIPA provides the IPC with the discretion to extend this one-year limitation period where the IPC is satisfied that it does not prejudice any person.
For complaints that deal with access or correction, an individual can file a complaint with the IPC within six months from the time a custodian refuses, or is deemed to have refused, an access or correction request.