Yukon Information and Privacy Commissioner
Work we've done
Consideration Reports and Decisions are published on our website to inform the public and custodians about how to interpret and apply the Health Information Privacy and Management Act. Personal information has been removed to protect privacy.
In order to assist you with determining which Report relates to which section of the Act we've created a Sectional Decision Index.
Consideration Reports
Consideration Report HIP20-03I to Dr. Armando Heredia, January 21, 2022, in regard to custody of patient records – recommendations not accepted.
Attached also: The Custodian’s response to the recommendations, February 18, 2022.
Consideration Report HIP18-19I to the Department of Health and Social Services, June 13, 2019 - recommendations accepted.
Attached also: Department's response to recommendations and its progress on implementation.
Consideration Report HIP18-24I to the Department of Health and Social Services, June 14, 2019 - recommendations accepted.
Attached also: Department's response to recommendations and its progress on implementation.
Consideration Report HIP16-02I to the Department of Health and Social Services, May 18, 2018 - recommendations accepted.
Attached also: Department's response to the recommendations, July 5, 2018, and its progress on implementation, November 19, 2018.
Consideration Report HIP17-08I to the Yukon Hospital Corporation, March 16, 2018 - three recommendations accepted and one rejected.
Attached also: Department's response to the recommendations, April 13, 2018, April 20, 2018, and its progress on implementation, August 16, 2018.
Decisions
Decision #HIP16-02I to the Department of Health and Social Services, October 6, 2017.
Decision HIP17-08I to the Yukon Hospital Corporation, November 14, 2017.
Comments
The following are written submissions that the IPC has made to government on specific pieces of legislation or programs.
The IPC provides her comments and recommendations for changes to the Health Information Privacy and Management Act (HIPMA) as part of the review of HIPMA that began in 2020.
Appendix A: Offences and penalties under Canada's health information privacy laws by jurisdiction. Posted as part of HIPMA Review 2020 IPC Comments and Recommendations.
Letter to Minister Tracy-Anne McPhee, August 26, 2021, regarding HIPMA Review 2020 IPC Comments and Recommendations.
Relevant FAQs
- What is a custodian?
‘Custodian’ is a key term in HIPMA. This is an authorized person who may collect, use and disclose personal health information only in accordance with the legislation. Custodians include most health care providers, operators of hospitals and health facilities, the Yukon Government Department of Health and Social Services, the Department of Community Services Yukon Emergency Medical Services program, the Kwanlin Dun First Nation Health Centre, the Many Rivers Counselling and Support Services Society, and the Child Development Centre.
‘Health care providers’ are also defined. They include physicians, nurses, pharmacists, chiropractors, optometrists, dentists and related professionals, psychologists, occupational therapists, midwives, naturopaths, and speech language pathologists, as well as individuals defined in the Health Professions Act, such as physiotherapists.
‘Health facility’ is a defined term and includes medical clinics, community health centres, dental clinics, medical laboratories, specimen collection centres, pharmacies, nursing homes and other continuing or long-term care facilities.
- Do I have the right to access my personal health information?
Yes. Under HIPMA, you have the right to access your personal health information held by a custodian (see ‘What is a custodian?’).
Personal health information includes:
- information related to your health or health care provided to you;
- records of payments for your health care;
- information related to your donation of body parts, tissue or bodily substances; and
- information about testing or examinations that you have undergone.
- What is a ‘record of user activity’?
Electronic information systems used by custodians should have a ‘user-based’ capability to track access to any information within that system. This means that the system can differentiate between users, usually by the login credentials assigned to each user. Every time a custodian or one of their employees accesses your personal health information, they must each use their own login and the system records this access.
A ‘record of user activity’ is the record generated by the system that identifies who has accessed your personal health information. HIPMA gives you the right to request access to this record and the custodian is not allowed to charge you a fee to provide you with it.
You would request access to a record of user activity from a custodian in the same way you would request access to other personal health information from them (see ‘How do I request access to my personal health information?’).