Dear Archival Colleagues:

The new Ontario Personal Health Information Protection Act has potential
implications for all Ontario archives.

On May 20, 2004, the Government of Ontario passed the Personal Health
Information Protection Act (PHIPA), scheduled to come into force on
November 1, 2004. The purpose of the legislation is to ensure that
personal health information is private, confidential, and secure by
imposing rules relating to the collection, use, and disclosure of that
information.

PHIPA does not apply to personal health information about an individual
after the earlier of 120 years after a record containing the information
was created and 50 years after the death of the individual.

Also, under PHIPA, a health information custodian (HIC) may transfer
personal health information to 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 [Section 42(3)(b)].

In order to make this section of the Act work, the Ontario Ministry of
Health and Long-Term Care is in the process of developing regulations to:
1. designate or define historical/archival organizations, and;
2. set out rules by which historical/archival organizations may disclose
personal health information for research purposes.

This morning, representatives from the Archives of Ontario and the
Ontario Ministry of Health and Long-Term Care met with members of the
archival community to discuss these two outstanding regulatory issues.
Options for designation included: listing archives subject to the Act in
a schedule; determining generic criteria for a bona fide archives; or
establishing a registration system. Options for disclosure for research
purposes included disclosing personal health information either pursuant
to a research agreement or under a research plan approved by a Research
Ethics Board.

Whether or not your archives is subject to PHIPA, the development of
these regulations is nevertheless significant. If the drafters decide to
set out the generic criteria for a bona fide archives, PHIPA will be the
first Ontario legislation to actually define "archival organization".
The PHIPA regulations therefore set a legislative precedent and we will
no doubt see this definition in subsequent pieces of provincial
legislation affecting archives.

The public has until September 3, 2004 to provide comments on PHIPA
regulations. I hope that you will consider the Act and its regulations.

Information on the Act can be found via the Ontario Information Privacy
Commissioner's Web site at: http://www.ipc.on.ca

Please send written comments (by mail or e-mail) by August 16, to:
Carolyn Heald
Information Policy Adviser
Archives of Ontario
77 Grenville Street
Toronto, Ontario
M5S 1B3
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Many thanks.

Best Regards,
Loryl MacDonald

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Loryl MacDonald, Records Archivist
University of Toronto Archives
and Records Management Services
120 St. George St, Toronto, Ontario, M5S 1A5
(416) 978-7657
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www.library.utoronto.ca/utarms
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