Kathryn Frelick has specialized expertise in health and privacy and is a leading lawyer in these areas. She advises public and private health industry clients on a broad range of matters, with a particular focus on regulatory, strategic, and risk management advice, as well as advocacy before health and privacy administrative tribunals and regulatory bodies.
Kathryn’s regulatory practice includes expertise in areas such as health information and privacy, quality and patient safety, mental health, consent and capacity, health profession regulation, health insurance legislation, research and innovation, private health care, and corporate regulatory compliance.
In addition to her health practice, Kathryn advises clients on all aspects of federal and provincial privacy and freedom-of-information laws, including the management of privacy and security breaches, complaints, and proceedings. Kathryn regularly assists businesses, from startups to multinationals, to navigate Canada’s complex health regulatory and privacy regimes.
Kathryn is responsible for “Miller Thomson On Call,” an innovative program that provides 24/7 access to legal advice for health industry clients who require cost-effective, “real-time” assistance. Kathryn has assisted health industry clients in proceedings before the Ontario Court of Appeal, Superior Court of Justice, Coroner’s Courts, Consent and Capacity Board, Health Professions Review and Appeal Board, and Health Services Appeal and Review Board, as well as privacy and health profession regulatory bodies.
Kathryn worked in a hospital setting before her legal career, which provides an excellent framework for developing a quick and thorough understanding of her clients’ needs. Kathryn works with her clients to develop practical solutions to their legal problems in a manner that will best achieve their objectives.
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Thought leadership
Book Chapters
- Legal Aspects of Health Information Management in Fundamentals of Health Information Management, Canadian Health Care Association/Canadian Health Information Management Association (2nd edition 2013)
- Canada’s Anti-Spam Legislation (CASL) Update, Chapter 28, Business Laws of Canada, (A Thomson Reuters Publication) 2015-2018
- Privacy Update, Business Laws of Canada, Chapter 22, (A Thomson Reuters Publication) 2012-2018
Recent Presentations
- Board of Directors Series – What Directors Need to Know: The New H-SAA, Miller Thomson LLP, Coffee Talk: A Health Industry Seminar Series, (February 28, 2018)
- Strategies for Managing Difficult Clients / Family Members, Miller Thomson LLP, Coffee Talk: A Health Industry Seminar Series, (January 17, 2018)
- Transition in Care: Collaboration Across the Care Continuum, OACRS Annual Conference, (November 27, 2017)
- Privacy and Enterprise Risk Management, AFHTO/GCE, (November 22, 2017)
- Privacy and Cyber Risk and Information Governance for FHTs, AFHTO Annual Conference, (October 25, 2017)
- Privacy and Cyber Risk in the Health Industry – Survival Guide 101, Miller Thomson National Health Series (Webinar), (October 18, 2017)
- Directors Series What Directors Need to Know: Quality, Privacy, Accountability, Miller Thomson Directors Series (Webinar), (September 28, 2017)
- Cyber Risk in the Health Sector, (CLEAR) Annual Educational Conference, (Denver, US), (September 13, 2017)
- Transitions in Care: Collaborating Across the Care Continuum, Miller Thomson LLP, Coffee Talk: A Health Industry Seminar Series, April 19, 2017
- Beyond PHIPA: What Other Legislation Do You Need to Consider? [Health Law], Privacy Law Summit 2017, Ontario Bar Association (April 7, 2017)
- How to Cope: Managing Mental Health Issues in the Workplace, Miller Thomson Labour and Employment Law Conference (April 6, 2017)
- Navigating the Legal Pall of Medically Assisted Death – What you need to know about Medical Assistance in Dying in Canada, Miller Thomson CPD (In person and Webinar), (March 7, 2017)
- Bill 41, the Patients First Act – What You Need to Know, Miller Thomson LLP, Coffee Talk: A Health Industry Seminar Series, (January 18, 2017)
- Medical Assistance in Dying, Miller Thomson LLP, Coffee Talk: A Health Industry Seminar Series, (September 28, 2016)
- Documentation & Charting Boot Camp, Miller Thomson LLP, Coffee Talk: A Health Industry Seminar Series (June 15, 2016)
- Cyber Risk in the Health Sector Council on Licensure, Enforcement & Regulation (CLEAR) (June 15, 2016)
- Dr. Seuss’s ABC’s – Privacy and Confidentiality, Long-Term Care Leadership Conference (April 27, 2016)
- Protecting Quality and Risk Documentation – How to get the Balance Right (April 6, 2016)
- Legislative Update, Risk & Compliance, Miller Thomson LLP, Coffee Talk: A Health Industry Seminar Series (February 17, 2016)
- Getting Ready for Freedom of Information and Protection of Privacy Act, Community Care Access Centre, (February 16, 2016)
- The Continued Evolution of Privacy and Risk, Miller Thomson and HUB International Limited Roundtable: Emerging Risks in Long-Term Care (January 27, 2016)
- Towards Zero Tolerance for Workplace Violence Against Health Care Professionals, Miller Thomson LLP, Coffee Talk: A Health Industry Seminar Series (December 16, 2015)
- Workplace Safety – Assessing and Preventing the Risk of Violence, Harassment and Psychological Injury at Work, Miller Thomson Labour and Employment Seminar (November 19, 2015)
- Current and Emerging Privacy Issues in LTC- Video Surveillance, Social Media and Email, 2015 Guide to Legal Risk Management in Long-Term Care, Osgoode Professional Development (September 28, 2015)
- Tackling Patient Safety – Vanessa’s Law and Changes to Drug, Pharmacy and Medical Device Regulation, Miller Thomson LLP, Coffee Talk: A Health Seminar Series (January 14, 2015)
Select Publications
- Public Hospital Advisory: New Accountability Agreement for Hospitals (H-SAA), Health Communiqué, February 20, 2018
- Strengthening Quality and Accountability for Patients Act, 2017 Becomes Law in Ontario, Health Communiqué, January 16, 2018
- Privacy Commissioner Gearing Up for Tougher Enforcement, Intellectual Property (IP) and Information Technology (IT) Law Practice Group Alert, October 5, 2017
- Mandatory Notification Requirements under PHIPA in force October 1, 2017, Health Communiqué, September 26, 2017
- Mandatory Notice Requirements under PHIPA and Public Consultation on Proposed Regulation Regarding Notices to the Commissioner, Health Communiqué, April 13, 2017
- Confronting the opioid crisis, The Lawyer’s Daily, November 24, 2016
- Public Consultation on Proposed Regulations to Quality of Care Information Protection Act, 2016, Health Communiqué, November 1, 2016
- What Health Facilities Need to Know About QCIPA 2016, Risk Management in Canadian Health Care, Volume 18, No. 4, August, 2016
- Dear Health Care Facility: Are You Prepared for a Request for Medical Assistance in Dying?, Risk Management in Canadian Health Care, Volume 18, No. 4, August, 2016
- What Health Facilities Need to Know About QCIPA 2016, Health Communiqué, May 11, 2016
- What Health Industry Clients Need to Know in Relation to Bill C-14 on Medical Assistance in Dying, Health Communiqué, April 14, 2016
- A New Era for Privacy Class Actions – Hopkins v. Kay and Implications for the Health Industry, Canadian Corporate Counsel (December 2015)
- Hospital Patient Relations Regulations in Force September 1, 2015, Health Communiqué, August 27, 2015
- Ontario College of Pharmacists Seeking Feedback on Proposed Regulations Regarding Oversight of Hospital Pharmacies, Health Communiqué, March 19, 2015
- What Hospitals Need to Know Following the Supreme Court of Canada’s Decision on Physician-Assisted Dying, Health Communiqué, February 23, 2015
- Passage of Bill 21 Brings Significant Changes to Hospital Pharmacy and Health Professional Regulation, Health Communiqué, February 13, 2015
- What You Need to Know About CASL Computer Program Installation Provisions: In Force on January 15, 2015
- Broader Public Sector Accountability Bill Receives Royal Assent, Health Communiqué, January 16, 2015
- Bill 8 Proposes to Limit Executive Compensation for Certain Broader Public Sector Organizations, Charities and Not-for-Profit Newsletter, November 2014
- Changes to Food and Drugs Act Address Patient Safety – Passage of Vanessa’s Law, Ontario Bar Association, 2014
- Public Consultation Scheduled for Broader Public Sector Accountability Bill, Health Communiqué, November 21, 2014
- Changes to Food and Drugs Act address Patient Safety – Passage of Vanessa’s Law, Health Communiqué, November 13, 2014
- Broader Public Sector Accountability Bill Re-introduced, Labour and Employment Communiqué, July 31,2014
- Broader Public Sector Accountability Bill Re-introduced, Health Communiqué, July 17,2014
- What Health Industry Organizations Need to Know about the Provincial General Election, Health Communiqué, May 22, 2014
- Reports from Investigations into Chemotherapy Under-Dosing Incident Make Recommendations to Strengthen Medication Oversight, Health Communiqué, April 28, 2014
- Be Prepared: You are Not Immune! How Canada’s Anti-Spam Legislation Impacts the Health Industry, Health Communiqué, April 3, 2014
- Ontario Proposes Sweeping Changes for Broader Public Sector Accountability, Health Communiqué, March 28, 2014
- Ontario Proposes Sweeping Changes for Broader Public Sector Accountability, Labour and Employment Communiqué, March 28, 2014
- Canada’s Anti-Spam Legislation: It’s Time to Prepare, Canada’s Anti-Spam Legislation (CASL) Updates, December 2013
- Impact of Canada’s Anti-Spam Legislation on Long Term Care Homes, LTC Magazine (Ontario Long Term Care Association), 2013
- Changes to Ontario and Federal drug oversight address regulatory gaps, Health Communiqué, July 25, 2013
- Amendments to 24/7 Nursing Care Requirements Allow Small Hospitals that Operate LTC Homes to Maximize Resources, LTC Magazine (Ontario Long Term Care Association), 2013, 2013
- Amendments to 24/7 Nursing Care Requirements Allow Small Hospitals that Operate LTC Homes to Maximize Resources, Health Communiqué, February 12, 2013
- Mandatory Reporting Complaints and Investigations, LTC Magazine (Ontario Long Term Care Association), 2012
- What are Electronic Health Records?, LTC Magazine (Ontario Long Term Care Association), 2012
- What You Need to Know About Electronic Health Records, Long Term Care, 2012
- Private Care Providers: What Should You Consider?, Ontario Long Term Care Association’s Long Term Care Magazine, 2012
- The Role of the Power Attorney, LTC Magazine (Ontario Long Term Care Association), Spring 2012, 2012
- AODA: Four Important New Compliancy Standards, The Voice, 2012
- Transition to the RHPA: Delegation and Collaboration Practice, The Pulse, 2012
- Transition to the Regulated Health Professions Act: What NDs Really Need to Know, The Pulse, 2012
- The Accessibility for Ontarians with Disabilities Act – Getting Ready for January 1, 2012, Long Term Care Magazine, 2011
- The Accessibility for Ontarians with Disabilities Act: Getting Ready for January 1, 2012, Health Communiqué, December 14, 2011
- FIPPA Exemptions for Hospital Quality of Care Records, Telehealth Law, Volume 11, Number 4, 2011
- FIPPA exemption for hospital quality of care records, Health Communiqué, May 13, 2011
- Sexuality in Long Term Care, LTC Magazine (Ontario Long Term Care Association), 2011
- Overview of the Broader Public Accountability Act, 2010 and Amendments to the Freedom of Information and Protection of Privacy Act, OBA The Voice of the Legal Professional, 2011
- The Broader Public Sector Accountability Act, 2010 and Amendments to the Freedom of Information and Protection of Privacy Act, Health Communiqué, December 15, 2010
- Creating the Foundation for Jobs and Growth Act, 2010, Health Communiqué, December 15, 2010
- Special Health Legislative Update: Ontario, Health Communiqué, December 15, 2010
- Accountability, Transparency and Quality in Long Term Care, LTC Magazine (Ontario Long Term Care Association), 2010
- Dealing with Conflict at the End of Life, LTC Magazine (Ontario Long Term Care Association), 2010
- Significant Changes to Ontario’s Regulated Health Professions Act, 1991 In Effect, LexisNexis Canada Inc. Health Law In Canada, 2010
- Consent and Long Term Care, LTC Magazine (Ontario Long Term Care Association), 2010
- Ontario makes changes to governance and critical incident reporting requirements for public hospitals, Health Communiqué, May 13, 2010
- Workplace Violence and Harrassment: New Obligations for Long Term Care Homes, LTC Magazine (Ontario Long Term Care Association), 2010
- Influenza and Pandemic Planning in Long Term Care Homes, LTC Magazine (Ontario Long Term Care Association), 2010
- Strategies to Manage the Difficult Resident, SDM, or Family Member, LTC Magazine (Ontario Long Term Care Association), 2009
- Managing Risk Around Influenza A (H1N) (Swine Flu) – What Employers Should Know, LexisNexis Canada Inc, Health Law in Canada, 2009
- The Use and Misuse of Advance Directives, LTC Magazine (Ontario Long Term Care Association), 2009
- Resident Safety and Disclosure of Adverse Events, LTC Magazine (Ontario Long Term Care Association), 2009
- 2009 Ontario Provincial Budget – Overview for the Health Industry, Health Communiqué, March 30, 2009
- Ontario Court Looks At Public Consultation Requirements For Local Health Integrated Networks, Risk Management in Canadian Health Care, 2008
- Ontario Court Looks At Public Consultation Requirements For LHINS, Communiqué for the Health Industry, September 30, 2008
- Court of Appeal Reconsiders Approach in “Wrongful Life” Claim, Health Law in Canada, 2008
- After the Year of the Data Breach – Managing Privacy Risk and Liability Privacy Roundtable – Powerpoint Presentations, 2008
- Court of Appeal Reconsiders Approach in “Wrongful Life” Claim, Communiqué for the Health Industry, June 9, 2008
- Update on Disclosure of Harm: Are You Prepared?, Communiqué for the Health Industry, May 21, 2008
- Government Transparency, New Disclosure Rules Affect Procurement Contracts, Canadian Consulting Engineer, 2008
- Managing Workplace Violence and Disruptive Physician Behaviour: Coroner’s Inquest Into the Death of Lori Dupont, Communiqué for the Health Industry, February 26, 2008
- PHIPA Q&A: Practical Advice for Frequently Asked Questions. “When is it permissible to share personal health information with legal counsel?”, Communiqué for the Health Industry, February 12, 2008
- PHIPA Q&A: Practical Advice for Frequently Asked Questions. “Can Health information custodians provide access to health records for Consent and Capacity Board hearings?”, Communiqué for the Health Industry, February 8, 2008
- The Legal Implications of Wait Times Strategies, 2007
- Implications of the Private Security and Investigative Services Act, 2005 (Bill 159) for Health Industry Clients, Communiqué for the Health Industry, September 21, 2007
- Disclosing Client Information to Elections Ontario, Communiqué for the Health Industry, September 13, 2007
- Mandatory Disclosure of Critical Incidents, Communiqué for the Health Industry, August 30, 2007
- Ontario’s Health System Improvements Act, 2007, Communiqué for the Health Industry, July 13, 2007
- Long Term Care Homes Act, 2007, Communiqué for the Health Industry, July 9, 2007
- Ontario Legislative Update: Status of Bills 140 and 171 and House Business, Communiqué for the Health Industry, July 5, 2007
- Ontario Legislative Update, Communiqué for the Health Industry, April 26, 2007
- Potential Implications of Proposed Ontario Long Term Care Homes Legislation for Directors and Officers, Communiqué for the Health Industry, February 18, 2007
- Potential Implications of Proposed Ontario Long Term Care Homes Legislation for Directors and Officers., Charities and Not-for-Profit Newsletter, February 2007
- Government cannot be sued for failing to prevent spread of west nile virus, Communiqué for the Health Industry, January 19, 2007
- Strategies to Manage the Difficult Client/Family Member, OBA Health Matters, 2007
- Government Cannot be Sued for Failing to Prevent the Spread of West Nile Virus, OBA Sections in Review, 2007
Professional memberships
- Member, Canadian and Ontario Bar Associations
- Member, Privacy and Health Sections of the Ontario Bar Association
- Former Member, Centre for Addiction and Mental Health Research Ethics Committee
- Member, Medico-Legal Society of Toronto
Bar admissions & education
- Ontario Bar, 1998
- LL.B., University of Windsor, 1996
- H.B.Sc., (biology and psychology), Queen’s University, 1992
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Imran Ahmad and Kathryn Frelick present workshop on data and privacy breaches
Imran Ahmad and Kathryn Frelick present a half-day workshop on “Be Cyber Smart: Be Prepared to Effectively Respond to Data and Privacy Breaches” for the Canadian Health Information Management Association conference.
Kathryn Frelick speaks on cyber risk in the health sector
Kathryn Frelick presents on the subject of “Cyber Risk in the Health Sector” at the 2017 CLEAR Annual Educational Conference in Denver, Colorado.
Kathryn Frelick speaks at Privacy Law Summit 2017
Kathryn Frelick will be presenting at the OBA on Beyond PHIPA: What Other Legislation Do You Need to Consider?
Kathryn Frelick speaks on privacy protection
Kathryn Frelick speaks on “Privacy Protection of Personal Information: Best Practices for Reducing Liability” at the Ontario Hospital Association’s Current Governance Trends and Opportunities for Not-for-Profit Organizations conference.
Miller Thomson co-hosts roundtable on long-term care
Miller Thomson and HUB International Limited co-hosted an invitational roundtable on January 27, 2016, with approximately 30 participants including leaders from the long-term care home sector and risk management experts, discussing a variety of topics including: Privacy Update: The Continued...
Kathryn Frelick speaks on privacy issues
Kathryn Frelick speaks on “Current and Emerging Privacy Issues in LTC- Video Surveillance, Social Media and Email” for The 2015 Guide to Legal Risk Management in Long-Term Care program, hosted by Osgoode Professional Development.
Miller Thomson and HUB International Limited co-host a roundtable discussion for Family Health Teams and Community Health Centres.
Miller Thomson and HUB International Limited are co-hosting an invitational roundtable on the theme “Legal Landscape of Family Health Teams and Community Health Centres” on Thursday, October 23, 2014 at the Miller Thomson Toronto office. Approximately 25 participants will be...
Kathryn Frelick and Jennifer Babe present on Canada’s Anti Spam Legislation to clients of MNP LLP via webcast April 9 and 10.
Jennifer Babe and Kathryn Frelick are presenting to the Canadian Finance and Leasing Association (CFLA) on “Getting Ready for Canada’s Anti-Spam Legislation”
Jennifer Babe and Kathryn Frelick are presenting on March 26 to the Canadian Finance and Leasing Association (CFLA) – Getting Ready for Canada’s Anti-Spam Legislation, Here July 1, 2014
Jennifer Babe and Kathryn Frelick are presenting a webinar on the Canadian Anti-Spam Legislation for the Canadian Finance & Leasing Association members.
Coffee Talk: Risk Management in Litigation – How to Proactively Manage and Effectively Respond to Civil Litigation Risk
Miller Thomson’s Health Industry Group invites you to a complimentary webinar on April 18, 2018 at 8:00 a.m., titled “Risk Management in Litigation – How to Proactively Manage and Effectively Respond to Civil Litigation Risk”, presented by Lauren Parrish and Kathryn...
Coffee Talk – Board of Directors Series – What Directors Need to Know: The New H-SAA
The new H-SAA reflects recent changes to LHSIA. It also introduces new governance obligations and standards for hospital boards, as well as requirements for hospitals to have mandated policies in place. Each public hospital will need to consider the new...
Coffee Talk – Strategies for Managing Difficult Clients / Family Members
Miller Thomson’s Health Industry Group will host a complimentary webinar/audio conference on January 17, 2018 at 8:00 a.m., entitled “Strategies for Managing Difficult Clients / Family Members“, presented by Kathryn Frelick. This session will cover: The obligation to ensure a safe work environment Legal options...
Privacy and Cyber Risk in the Health Industry – Survival Guide 101
Miller Thomson’s National Health Industry Group, in conjunction with HUB International and Ridge Canada Cyber Solutions, is pleased to present its second national webinar addressing some of the most pressing and topical issues facing the health industry. Our second session:...
Coffee Talk – Transitions in Care: Collaborating Across the Care Continuum
Miller Thomson’s Health Industry Group will host a complimentary webinar/audio conference on April 19, 2017 at 8:00 a.m., entitled “Transitions in Care: Collaborating Across the Care Continuum“, presented by Karima Kanani and Kathryn Frelick. This Coffee Talk will include a discussion of...
Miller Thomson’s 2017 Labour Relations & Employment Law Conference
We are pleased to invite you to Miller Thomson’s complimentary Labour Relations & Employment Law Conference. Our featured speakers will provide legal and practical insights on emerging HR topics impacting the workplace. Our program has been pre-approved for 5.75 Continuing Professional Development...
Coffee Talk: Bill 41, the Patients First Act – What You Need to Know
Miller Thomson’s Health Industry Group hosts a complimentary webinar/audio conference on January 18, 2017 at 8:00 a.m., entitled “Bill 41: the Patients First Act – What You Need to Know”, presented by Kathryn Frelick and Jesstina McFadden. This Coffee Talk...
Coffee Talk: Documentation & Charting Boot Camp
Miller Thomson’s Health Industry Group hosts a complimentary webinar/audio conference on June 15, 2016 at 8:00 a.m., entitled “Documentation & Charting Boot Camp”, presented by Kathryn Frelick. This Coffee Talk session includes a discussion of the following: purposes of documentation and...
Coffee Talk: Legislative Update, Risk and Compliance
Bill 119, the Health Information Protection Act, 2015 (HIPA) proposes significant amendments to the Personal Health Information Protection Act, 2004 (PHIPA) and Regulation 965 of the Public Hospitals Act. In addition, HIPA proposes to repeal and replace the Quality of...
Coffee Talk: Towards Zero Tolerance for Workplace Violence Against Health Care Professionals
This Coffee Talk includes a discussion of the following: The issue of workplace violence in the health industry Obligations and legal duties of health care employers Developing a workplace violence strategy and program for reducing and managing risk You have...
Mandatory Breach Draft Guidance Released
On September 17, 2018, the federal Office of the Privacy Commissioner (“OPC”) published its draft guidance about mandatory reporting of breaches of security safeguards (“Draft Guidelines”). The OPC is seeking public comments as it readies itself for a November 1,...
Do you have a Duty to Report A Medically Unfit Driver? New Reporting Requirements in Effect
After 40 years without change, amendments to the medical and vision reporting requirements under Ontario’s Highway Traffic Act (“HTA”) are in effect. The amendments are significant and have broad implications for health industry clients. Starting July 1, 2018, physicians and...
Court Affirms Physician Requirements to Provide Effective Referrals for MAID
On January 31, 2018, the Ontario Divisional Court affirmed that “conscientiously objecting” physicians can be required to provide emergency care and referrals relating to medical services that go against their religious or personal beliefs – such as medical assistance in...
It’s Official: Mandatory Data Breach Notification Coming on November 1, 2018
Last week, the Government of Canada published an Order in Council that will bring into force, as of November 1, 2018, the much anticipated mandatory breach notification and record-keeping requirements under the Personal Information Protection and Electronic Documents Act (“PIPEDA”)....
It’s Official: Mandatory Data Breach Notification Coming on November 1, 2018
Last week, the Government of Canada published an Order in Council that will bring into force, as of November 1, 2018, the much anticipated mandatory breach notification and record-keeping requirements under the Personal Information Protection and Electronic Documents Act (“PIPEDA”)....
Public Hospital Advisory: New Accountability Agreement for Hospitals (H-SAA)
Pursuant to the Local Health Services Integration Act (“LHSIA”), hospitals receive operational funding through Hospital Service Accountability Agreements (“H-SAA”). The current H-SAA terminates on March 31, 2018, and a new H-SAA template is being implemented on April 1, 2018. The...
Strengthening Quality and Accountability for Patients Act, 2017 Becomes Law in Ontario
Bill 160, the Strengthening Quality and Accountability for Patients Act, 2017 (the “Act”) became law on December 12, 2017, bringing some significant changes to many areas of the health industry. While some discrete portions of the Act came into force...
What’s Happening?
Nicole D’Aoust and Natasha Smith presented at the AFP Congress 2017 on the topic: “You Can Donate That?! Non-traditional Gifts that can Make a Big Difference” in Toronto, ON on November 21, 2017. Kathryn Frelick and Karima Kanani presented a webcast...
Privacy Commissioner Gearing Up for Tougher Enforcement
On September 21, 2017, in a press conference following the publication of his 2016-17 Annual Report to Parliament on the Personal Information Protection and Electronic Documents Act and the Privacy Act, the Privacy Commissioner (the “Commissioner”) announced his plans to...
Mandatory Notification Requirements under PHIPA in force October 1, 2017
As set out in our previous Health Communiqué, amendments to the Personal Health Information Protection Act, 2004 (PHIPA) require mandatory notification to the Information and Privacy Commissioner/Ontario (IPC) if the circumstances surrounding a theft, loss or unauthorized use or disclosure...