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Newfoundland and Labrador: OIPC releases guidance on PHI disclosures for research purposes
The Office of the Information and Privacy Commissioner of Newfoundland and Labrador ('OIPC') released, on 4 December 2017, its quarterly newsletter, which includes guidance for health custodians on disclosing personal health information ('PHI') for research purposes. With regard to such disclosure, the OIPC outlined the grounds for consent required when PHI is provided to third parties, including that the sources of PHI are explicitly stated in the consent form, and that such information is also provided to the Research Ethics Board ('REB') when seeking its approval.
Additionally, the OIPC explained that health custodians remain accountable under the Personal Health Information Act 2011 when they permit access to patients' PHI, including for unauthorised disclosure, and should therefore have an established review process for research requests. Moreover, the OIPC outlined that researchers' employers may also be held accountable if researchers attempt to access information beyond that which is approved by the REB.
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