“The Respondent requests that the Applicant be required to provide disclosure regarding S.H.’s medical history and conditions. Under the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A, S.H.’s health information can only be disclosed with her consent. The Applicant cannot produce that information to the Respondent without S.H.’s written authorization.
Section 23(1) of the Personal Health Information Protection Act provides:
Persons who may consent:
23(1) If this Act or any other Act refers to a consent required of an individual to a collection, use or disclosure by a health information custodian of personal health information about the individual, a person described in one of the following paragraphs may give, withhold or withdraw the consent:
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- If the individual is capable of consenting to the collection, use or disclosure of the information,
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i. the individual, or
ii. if the individual is at least 16 years of age, any person who is capable of consenting, whom the individual has authorized in writing to act on his or her behalf and who, if a natural person, is at least 16 years of age.”