Personal Health Information (PHI) is information that is gathered through observation, conversation, examination, assessment, treatment, etc. that pertains to an individual's physical or mental health.
In a school board setting, this could include information about a student's intellectual ability, mental health, cognitive and language skills, behaviour, and emotional functioning. An individual's consent is required for the collection, use, and disclosure of his or her Personal Health Information and any information that is required for the provision of service.
At Durham Catholic District School Board, we have professional staff to help identify and support the needs of students. These staff include: registered psychologists, psychological associates, speech-language pathologists, and social workers. All professional services staff must meet the requirements set by the provincial Regulated Health Professions Act, as well as the standards set by their regulatory colleges.
To provide services to students and the educators who work with them, these professional staff are often required to collect personal health information. The Personal Health Information Protection Act (PHIPA, 2004) applies to these professionals, and to those who work under their supervision. PHIPA outlines the rules that must be followed for collecting, using, sharing, and disclosing personal health information.
Who may consent to the collection, use or disclosure of the Personal Information?
A capable individual, regardless of age, can consent to the collection, use and disclosure of his or her own Personal Health Information. Anyone who has the ability to understand the information that is relevant to deciding whether to consent, and has the ability to appreciate the consequences of that decision, may provide consent. Where a person is deemed not capable of giving consent, a substitute decision maker will be required to provide consent. Normally the parent or legal guardian of a student under the age of 18 years, consents on behalf of the student.
Why is the information being collected and how will it be used?
Information is collected to provide services which, in turn, will assist the student with his or her educational program. The information collected is used to plan and deliver education programs and/or services to best meet the student's needs. They may collect information without your consent if there is an urgent or emergency situation, when the information is required to prevent possible harm.
With whom will the information be shared?
The information collected may be shared with other DCDSB staff who are working directly with or have responsibility for th student (e.g., school principal, vice principal, classroom teacher(s), special education and guidance staff, other Student Services staff). The information will also be made available to the parent/guardian of the student, and the student when appropriate. Only with written consent of the parent/guardian (and the student if, appropriate) will the information also be disclosed to anyone outside of the board (for example, a physician, a community agency, etc.)
There are some exceptions to this, including:
- If the person collecting the information has reason to suspect that the child is in need of protection, this information must be reported to the Children's Aid Society
- Where there is evidence that the student may be at serious risk of harming him/herself or others
- Where it is learned that a student may have been sexually abused by a member of regulated health profession
- Where records are ordered to be produced as required by law
- If the regulatory college of the staff member requests a review of records to ensure that the professional is meeting all standards and requirements
Where will the information be kept?
The Personal Health Information will be stored under locked, secure conditions at the Durham Catholic District School Board office or and/or Board assigned storage areas or where the parent has consented, in the OSR. In the case of electronic files, the DCDSB has organizational and technological safeguards and procedures to protect Personal Health Information and other personal information against theft, loss, unauthorized access, copying, modification, use, disclosure and disposal of records.
How long will the information be kept?
The Personal Health Information collected about a student will be kept for a minimum of 10 years from the last date of contact with the student, or until the student is 28 years of age, whichever of these two events occurs later. Information will be kept permanently, if required under other statutes. At that time, the material will be shredded and/or the electronic information will expunged.
Who will have access to the information?
Personal Health Information retained by Student Services staff is accessible only to Student Services staff members, and others only if consent has been granted. If your own or your child's Personal Health Information has been accessed by an unauthorized person, stolen, lost or if there is a privacy breach, you will be notified. The information kept in a student's Ontario Student Record at his or her school may contain a copy of any report produced by Student Services staff, and is accessible to the student about whom the report is written (if the student is over the age of 18), the parent or guardian of the student, and the school staff members who are directly involved in the education that student.
Whom can I contact to request access to my Personal Health Information?
The request to access your own information or that of your child is made to the Board's Freedom of Information Officer at 905-576-6150 ext. 22317. The request must be made in writing using the Request to Access Personal Health Information form available on the Information and Privacy Commissioner of Ontario website:
https://www.ipc.on.ca/guidance-documents/forms
There is some information that is exempt from right to access. Raw data from psychological and speech-language assessments will not be shared. Instead, results and conclusions from the raw data will be reported. Additionally, information will not be shared if releasing it could cause risk of significant harm to the student or to others. Finally, if a student’s record includes personal health information about another person, that individual’s information will be removed prior to sharing.
What if I disagree with something that is in my Personal Health Information file?
All reasonable attempts will be made to ensure that the information collected about you or your child is accurate. If, however, you disagree with the accuracy of the information, you may request a correction to the record through the Board's Freedom of Information Officer. The request must be made in writing using the Request to Change Personal Health Information form available on the Information form available on the Information and Privacy Commissioner of the Ontario website: https://www.ipc.on.ca/guidance-documents/forms
Where it is demonstrated that a record is incomplete or inaccurate for the purposes for which the staff member uses the record, it will be amended to be factually correct. However, staff are not required to change a professional opinion or observation made in good faith, a record that was not originally created by the member or where the staff member has insufficient knowledge or authority to make the correction. If the request to correct a record is refused, the individual making the request will be informed of the refusal, be provided reasons, and informed of the right to appeal the refusal and right to attach a statement to disagreement to the original record.
To whom do I appeal if dissatisfied with the decision?
If you are dissatisfied with the decision regarding the collection, use, or disclosure of your Personal Health Information, your access to it, or your request to have incorrect information corrected, an appeal can be made to: Durham Catholic District School Board’s Access and Privacy Coordinator and PHIPA contact at: 905-576-6150 ext. 22223 or by mail:
Durham Catholic District School Board
650 Rossland Road West
Oshawa, ON L1J 7C4
Attention: Privacy Office
An appeal may also be made to the Ontario Government's Information and Privacy Commissioner who may investigate.
Tel: 416-326-3333 Web: www.ipc.on.ca
Email: commissioner@ipc.on.ca