Nuria Abdosh v. North York General Hospital, 2017 HRTO 1585

Human Rights Tribunal of Ontario

B E T W E E N:

Nuria Abdosh Applicant

-and-

North York General Hospital Respondent

INTERIM DECISION

Adjudicator: Esi Codjoe Date: November 29, 2017 Citation: 2017 HRTO 1585 Indexed as: Abdosh v. North York General Hospital

WRITTEN SUBMISSIONS

North York General Hospital, Respondent

Hal Rolph, Counsel

1This Interim Decision addresses the applicant’s obligations pertaining to patient records that the respondent produced for the hearing.

2The respondent filed its arguably relevant documents with the Tribunal and served them on the applicant. Those documents included redacted copies of patient records. The respondent asks that the Tribunal provide direction to the applicant regarding how these patient records can be used. It notes that these records contain private health information.

3The records are personal health information that is protected by the Personal Health Information Protection Act, 2004, S.O. 2004, c.3, Sched. A (“PHIPA”). PHIPA establishes rules for the use and disclosure of personal health information, this includes the obligation that persons with access to personal health information secure it. Given these factors the Tribunal must ensure that the applicant is aware of her obligation to protect the privacy interests of the patients whose records are in her possession.

Order

4The applicant is directed to secure the patient records as follows:

a. It is understood that patient names and identifying information has been redacted from the records, and that the applicant shall not reinsert this information into the records;

b. The applicant shall not use the records for any other purpose other than the Application;

c. The applicant must not disclose or show the records to anyone other than her advisor and any expert witness who may give evidence in this case;

d. The applicant shall not photocopy or reproduce the records, except as she may need to produce the documents as exhibits for the hearing; and,

e. The applicant shall ensure that the records are shredded and destroyed at the conclusion of the proceeding. In the event that the applicant is unable to destroy the records she shall return the records to respondent or Tribunal for destruction.