PRIVACY
Personal Information Protection and Electronic Documents Act
Appeal from Federal Court decision (2006 FC 1312) granting respondent’s application under Act, s. 14 and ordering he be given access to appellant doctor’s notes—Respondent, who received long-term disability benefits, subjected to independent medical examination (IME) by insurance company paying those benefits—Following IME, doctor refusing to disclose notes taken during examination to respondent pursuant to s. 4(1)(a), doctor’s notes covered under Act is IME transaction constituting “commercial activity” as defined in s. 2—Even though doctor independent consultant hired by insurance company, overall transaction retaining commercial nature—Act, s. 2(1), defining both “personal health information” and “personal information”—Clear “personal health information” constituting subset of “personal information”—Therefore, since “medical information” constituting “personal health information”, also considered “personal information”—Since doctor’s notes containing both personal, non-personal information, respondent having right of access to portions of doctor’s notes which constitute his personal information—Appeal allowed in part.
Rousseau v. Wyndowe (A-551-06, 2008 FCA 39, Décary J.A., judgment dated 1/2/08, 16 pp.)