What are the general rules for the disclosure of personal health information?
As a general rule, consent is required to disclose an individuals personal health information unless PHIPA allows disclosure without consent. However, PHIPA permits a health information custodian and its authorized agents to rely on implied consent for the disclosure of personal health information within the circle of care while providing health care services. A custodian may disclose personal health information to health care practitioners; long-term care service providers; and persons who operate health care facilities, programs and services, if the disclosure is reasonably necessary for the provision of health care, it is not reasonably possible to obtain consent in a timely way, and the individual has not instructed the custodian not to make the disclosure. Although PHIPA permits custodians to disclose personal health information in certain limited situations, disclosure is not required, unless it is necessary to carry out a statutory or legal duty. Express consent from an individu
