> On August 23, 2004, I sent a message to a number of listservs and chairs
> of organizations asking for written input regarding a draft Regulation
> under the Ontario Personal Health Information Protection Act (2004) on the
> collection, use and disclosure of personal health information (PHI) in
> archival collections.  Various options were presented based on a
> consultation held on July 28, 2004, with seven members of the archives /
> heritage community, representatives from the Archives of Ontario, and the
> legal counsel from the Ontario Ministry of Health and Long-Term Care.
>
> Nine written responses were subsequently received, of which seven
> substantively addressed the issues.  On September 3, 2004, I provided
> copies of these responses, along with a summary prepared by me, to the
> Ministry of Health and Long-Term Care.  An abbreviated version of the
> summary is provided below for your information.
>
> Thank you to those who responded.  The Ministry of Health and Long-Term
> Care will take these responses into consideration in preparing the
> Regulation.
>
> N.B.:  "Archives" is used generically to mean archival and historical
> organizations (including libraries and museums) that hold archival
> records.
>
> ******************************************************
>
> Issue A:  How to designate a body to which a health information custodian
> may transfer records.  This is defined in the Act as "a prescribed person
> whose functions include the collection and preservation of records of
> historical or archival importance if the disclosure is made for the
> purpose of that function."
>
> Option A1:  Nominally designate archives in a schedule under a Regulation,
> in the same way that institutions subject to the Freedom of Information
> and Protection of Privacy Act (FIPPA) are nominally designated in a
> Regulation under that Act.
>
> Option A2:  Determine generic criteria for bona fide archives to whom a
> HIC is authorized to transfer PHI.
>
> Option A3:  Implement a registration process whereby archives that collect
> and make available for research personal health information are required
> to register with an authoritative body, such as the Ministry of Health and
> Long-Term Care or the Information and Privacy Commission. Archival
> organizations seeking registration will be required to meet records
> management and security requirements specified in the Regulation.
>
> Response:  The majority favoured Option A3.
>
>
> Issue B: How designated bodies can disclose personal health information
> for research.
>
> Option B1:  Require other archives to abide by the same disclosure rules
> followed by the provincial and municipal archives.  Include in the PHIPA
> Regulation the same wording as found in FIPPA Regulation 460 and MFIPPA
> Regulation 823, including the prescribed form.
>
> Option B2:  Require other archival/historical organizations to abide by
> the same disclosure rules required by health information custodians as set
> out in PHIPA section 44.  Such requirements include the need for a
> research plan that is approved by a research ethics board.
>
> Option B3:  Specify in the Regulation research approval protocols other
> than those found in FIPPA/MFIPPA or PHIPA that must be followed by
> archives institutions. In this regard, the Regulation could prescribe in
> what circumstances research agreements are to be reviewed and approved by
> the organization itself (e.g., vetted by legal counsel), and when referral
> to a research ethics board is required.
>
> Response:  The majority favoured Option B1.
>
>
> C.  Other Issues
>
> 1. Retroactivity
> Some respondents do not want the legislation to apply to records from
> health information custodians that are currently open to the public.
>
> One respondent noted that retroactive application of the health numbers
> clause, making it an offence to disclose a health number under any
> circumstance, is unrealistic.  This will require searching through every
> collection of records in order to determine if a health number is present.
>
> 2.  Individual's right of access
> One respondent noted that individuals should have a right of access to
> their own personal health information in the custody of an archives, and
> the right to correct information.
>
> 3.  Inclusivity
> One respondent requested that if archives are defined in the Regulation,
> that libraries that collect historical records of personal health
> information be included in that definition.
>
> ****************************************************
>
> FYI, the Options Paper and call for comments was sent to the Presidents/
> Chairs/ Senior staff of the following organizations:
>
> Archives Association of Ontario (AAO)
> Association of Canadian Archivists (ACA)
> Canadian Association of Research Libraries (CARL)
> Canadian Association of Special Libraries and Information Services
> (CASLIS)
> Canadian Health Libraries Association (CHLA)
> Canadian Library Association (CLA)
> Coalition of Canadian Health Museums and Archives (CCHMA)
> Ontario Library Association (OLA)
> Ontario Museums Association (OMA)
> Health Archivists' Interest Group (HAIG)
> Toronto Public Health
>
> Additionally, it was posted on the following listservs with permission to
> distribute:
>
> ARCAN-L (Canadian archives listserv)
> AAO-LIST (listserv for the Archives Association of Ontario)
> BIBCANLIB-L (Canadian library and information science discussion list)
> ONMUSE-L (listserv for Ontario museums)
> SLA Toronto listserv (Special Libraries Toronto)
>
>
> Please contact me if you have further questions.
> ______________________________________
> Carolyn Heald
> Information Policy Adviser
> Archives of Ontario
> 77 Grenville Street
> Toronto  ON  M5S 1B3
>
> Tel:  (416)327-1568
> Fax: (416)327-1992
> e-mail:  [log in to unmask]
> website:  http://www.archives.gov.on.ca
>
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