Acts and Regulations

P-7.05 - Personal Health Information Privacy and Access Act

Section 43
Disposition versions

Full text
Disclosure for research purposes
43(1)A custodian may disclose personal health information to a person conducting a research project only if the project has been approved under this section.
43(2)An approval may be given by a research review body that meets the requirements prescribed by regulation.
43(3)An approval may be given under this section only if the research review body has determined that
(a) the research is of sufficient importance to outweigh the intrusion into privacy that would result from the disclosure of the personal health information,
(b) the research purpose cannot reasonably be accomplished unless the personal health information is provided in a form that identifies or may identify individuals,
(c) the individuals to whom the information relates have consented to its use and disclosure or it is unreasonable or impractical for the person proposing the research to obtain consent from the individuals to whom the information relates, and
(d) the research project contains
(i) reasonable safeguards to protect the privacy and security of the personal health information, and
(ii) procedures to destroy the information or de-identify the information at the earliest opportunity, consistent with the purposes of the project.
43(4)An approval under this section is conditional on the person proposing the research project entering into an agreement with the custodian, in accordance with the regulations,
(a) not to publish the personal health information requested in a form that could reasonably be expected to identify the individuals to whom the information relates,
(b) to use the personal health information requested solely for the purposes of the approved research project, and
(c) to ensure that the research project complies with the safeguards and procedures described in paragraph (3)(d).
43(5)If a research project will require direct contact with individuals, a custodian shall not disclose personal health information relating to those individuals under this section without first obtaining their consent, but the custodian need not obtain their consent if the information consists only of the individuals’ names and addresses.
2009, c.53, s.6
Disclosure for research purposes
43(1)A custodian may disclose personal health information to a person conducting a research project only if the project has been approved under this section.
43(2)An approval may be given by a research review body that meets the requirements prescribed by regulation.
43(3)An approval may be given under this section only if the research review body has determined that
(a) the research is of sufficient importance to outweigh the intrusion into privacy that would result from the disclosure of the personal health information,
(b) the research purpose cannot reasonably be accomplished unless the personal health information is provided in a form that identifies or may identify individuals,
(c) the individuals to whom the information relates have consented to its use and disclosure or it is unreasonable or impractical for the person proposing the research to obtain consent from the individuals to whom the information relates, and
(d) the research project contains
(i) reasonable safeguards to protect the privacy and security of the personal health information, and
(ii) procedures to destroy the information or de-identify the information at the earliest opportunity, consistent with the purposes of the project.
43(4)An approval under this section is conditional on the person proposing the research project entering into an agreement with the custodian, in accordance with the regulations,
(a) not to publish the personal health information requested in a form that could reasonably be expected to identify the individuals to whom the information relates,
(b) to use the personal health information requested solely for the purposes of the approved research project, and
(c) to ensure that the research project complies with the safeguards and procedures described in paragraph (3)(d).
43(5)If a research project will require direct contact with individuals, a custodian shall not disclose personal health information relating to those individuals under this section without first obtaining their consent, but the custodian need not obtain their consent if the information consists only of the individuals’ names and addresses.
2009, c.53, s.6
Disclosure for research purposes
43(1)A custodian may disclose personal health information to a person conducting a research project only if the project has been approved under this section.
43(2)An approval may be given by a research review body that meets the requirements prescribed by regulation.
43(3)An approval may be given under this section only if the research review body has determined that
(a) the research is of sufficient importance to outweigh the intrusion into privacy that would result from the disclosure of the personal health information,
(b) the research purpose cannot reasonably be accomplished unless the personal health information is provided in a form that identifies or may identify individuals,
(c) it is unreasonable or impractical for the person proposing the research to obtain consent from the individuals to whom the information relates, and
(d) the research project contains
(i) reasonable safeguards to protect the privacy and security of the personal health information, and
(ii) procedures to destroy the information or de-identify the information at the earliest opportunity, consistent with the purposes of the project.
43(4)An approval under this section is conditional on the person proposing the research project entering into an agreement with the custodian, in accordance with the regulations,
(a) not to publish the personal health information requested in a form that could reasonably be expected to identify the individuals to whom the information relates,
(b) to use the personal health information requested solely for the purposes of the approved research project, and
(c) to ensure that the research project complies with the safeguards and procedures described in paragraph (3)(d).
43(5)If a research project will require direct contact with individuals, a custodian shall not disclose personal health information relating to those individuals under this section without first obtaining their consent, but the custodian need not obtain their consent if the information consists only of the individuals’ names and addresses.