WHAT IS INFORMED CONSENT?
As of January 1, 2024, Ontario strengthened its privacy protection under the Personal Health Information Protection Act (PHIPA) by adding a new section that will allow the Information and Privacy Commissioner to impose monetary penalties on individuals and organizations that contravene Ontario’s health privacy law, such as inappropriately accessing or sharing a patient’s personal health information.
Under the Personal Health Information Protection Act (PHIPA) a health information custodian (Boomslang Analytics Inc.) is prohibited from collecting, using, or disclosing personal health information, unless:
Consent has been obtained and the collection, use, or disclosure is, to the best of the custodian’s knowledge, necessary for a lawful purpose; or
The collection, use, or disclosure is permitted or required by PHIPA.
According to PHIPA, Boomslang Analytics Inc. cannot collect, use, or disclose personal health information if other information will suffice. As a custodian, Boomslang Analytics Inc. also cannot collect, use, or disclose more personal health information than is reasonably necessary to serve the purposes of the collection, use, or disclosure.
Where Boomslang Analytics Inc. has collected personal health information in contravention of PHIPA, you cannot use or disclose it unless required by law.
DEFINITIONS
COLLECTION
PHIPA defines the term “collect” as the gathering, acquiring, receiving or obtaining of personal health information by any means from any source.
As a general rule, Boomslang Analytics Inc. requires consent to collect an individual’s personal health information. There are some circumstances, under PHIPA, where Boomslang Analytics Inc. can collect the said information without consent.
With limited exceptions, Boomslang Analytics must collect personal health information directly from the individual about whom the information relates.
Boomslang Analytics Inc. must also take steps that are reasonable in the circumstances to ensure that personal health information is not collected without authority.
Boomslang Analytics Inc may collect personal health information indirectly if:
The individual consents.
Boomslang Analytics Inc. requires the information to provide health care to an individual and it isn’t possible to collect accurate and complete information directly from that individual.
The information is necessary for providing health care to an individual and you cannot get it from that individual in a timely manner.
Boomslang Analytics Inc. collect it for the purposes of research from a person who is not a custodian (provided that certain conditions are met).
Boomslang Analytics Inc. is required or permitted by law to collect it indirectly.
USE
The term “use” is defined under PHIPA as meaning to view, handle, or otherwise deal with personal health information, but does not include the disclosure of the information.
When using an individual’s personal health information, Boomslang Analytics Inc must take reasonable steps to ensure that the individual’s personal health information is as accurate, complete, and up-to-date as necessary for the purpose of the use.
DISCLOSURE
The term “disclose” means to make the personal health information available or to release it to another health information custodian or person.
Boomslang Analytics Inc. must not disclose personal health information, if other information will suffice, and can only disclose as much personal health information as is necessary to meet the purpose of the disclosure.
When disclosing personal health information, Boomslang Analytics Inc. needs to take reasonable steps to ensure that no information is inadvertently disclosed to unintended recipients.
ABOVE TEXT IS A CUSTOMIZED SUMMARIZED VERSION OF ONTARIO'S INFORMED CONSENT LEGISLATION. FULL AND COMPLETE DETAILS REGARDING THE INFORMED CONSENT OF CLIENT HEALTH INFORMATION COLLECTION, USE, & DISCLOSURE CAN BE OBTAINED BY VISITING THE INFORMATION & PRIVACY COMMISSIONER OF ONTARIO WEBSITE:
COMMENT
Boomslang Analytics Inc. is considered a science-driven, evidence-based research analysis company. The methodologies implemented can be utilized over a number of industries; including health research analysis.
We provide clients with personalized research analysis of their health condition in question and provide them with science-based information tailored to their situation. They are encouraged to discuss any results provided with their health care provider.
We are not a post-secondary research institution, research based hospital, or government funded non-profit organization.
As of this time, we do not receive or qualify for any government funding.
With the above said, we will follow the informed consent legislation governed by Information & Privacy Commissioner of Ontario to ensure compliance and to let clients know their data is safeguarded.