When can I disclose personal health information?

The College’s Releasing Personal Health Information Fact Sheet describes some of the most common disclosures permitted by pharmacists/pharmacies as health information custodians under Ontario’s Personal Health Information Protection Act (PHIPA). For example, information may be disclosed when a pharmacy professional is presented with a warrant, court order, production order, or under authority established in legislation, such as the Coroners Act and the Missing Persons Act. There may be other legislation—such as Canada’s Criminal Code or the province’s Child, Youth and Family Services Act — which may prevail over PHIPA. 

The Information and Privacy Commissioner of Ontario, who provides oversight of Ontario’s access and privacy laws including PHIPA, has additional resources to guide registrants in their decisions surrounding personal health information, including: 

• Fact Sheet – Disclosure of Personal Information to Law Enforcement 

• Fact Sheet – Disclosure of Information Permitted in Emergency or other Urgent Circumstances 

• Yes, You Can. Dispelling the Myths About Sharing Information with Children’s Aid Societies 

• Fact Sheet – Obtaining Personal Health Information About a Deceased Relative 

• Circle of Care: Sharing Personal Health Information for Health-Care Purposes 

As always, supporting documentation is essential as evidence of your decision-making process and rationale. If a registrant is uncertain about their obligations after reviewing the appropriate resources and legislation, they may wish to obtain independent legal advice or consult with their corporation’s privacy officer.