Notice of Privacy to Clients
TRIO Fertility and EVOLVE Egg Freezing (“EVOLVE”) is committed to protecting your personal information and your personal health information. Evolve complies with two privacy laws. One, the Ontario Personal Health Information Protection Act, 2004 (PHIPA) applies to personal health information. The second, the federal Personal Information Protection and Electronic Documents Act (PIPEDA) is business-related and applies to personal information that is collected with respect to the operation of our clinics. This type of commercial information is stored separately from your personal health information. As the protections under both statutes are similar, we have combined the description of our information protection practices into this one Notice. This Notice tells you the ways in which we may collect, use and disclose your Information and how we safeguard such Information (defined below). It also describes your rights and certain obligations we have regarding the use and disclosure of your Information.
We are required by law to:
Make sure that both your personal health information and personal information are protected. Provide you with this Notice outlining our legal duties and privacy practices with respect to your personal health information and personal information. We are committed to maintaining the accuracy, confidentiality and security of your Information.
Safeguarding Your Personal Information
Evolve believes that securing your personal information and your personal health information is a very important part of our job. We endeavour to safeguard personal information using methods that are appropriate to the sensitivity of the information. We make sure that only those people who need to see your personal health information and your personal information have access to the information. We maintain physical, technical and procedural safeguards which are designed to prevent your Information from theft, loss and unauthorized access, copying, use, modification, disclosure or disposal. For example, physical measures including locked file cabinets, restricted access to certain facilities and restricted access to all offices. Technical safeguards include the use of passwords and limitation of access to electronic storage. Procedural safeguards include requiring all our employees, physicians and agents to sign Confidentiality Agreements.
Definition of Terms
When we say “you” in this Notice, this refers to Evolve’s clients When we say “we”, “our”, or “us”, this refers to Evolve. “HIC” means health information custodian. “Information” means personal health information and personal information. “personal information” means information about an identifiable individual and includes information such as your name, mailing address, email address, phone number at home and work, and name of your employer. It does not include your business contact information in your capacity as an employee of an organization. For purposes of this Privacy Notice, “personal information” does not include “personal health information”. “personal health information” or “PHI” means information relating to and identifying an individual, including information that concerns:
- your physical or mental health and your family’s health history; the provision of health care to you, including your health care providers;
- medical records including charts, diagnostic/laboratory results and other health information collected or produced while we provide you with health care services;
- eligibility and payment for health care; and
- your health card number
Who will follow this notice?
The privacy practices described in this Notice will be followed by all healthcare professionals and employees at Evolve.
How we may use and disclose Information about you
The following sections describe different ways that we may collect, use and disclose your information.
- for the purposes described in this Privacy Notice; or
- for any additional purposes for which we have obtained your consent to the use or disclosure of your personal health information or your personal information, as applicable.
It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please keep us informed of such changes.
Evolve may use your Information (as permitted by PHIPA and PIPEDA) for the following purposes:
- providing or assisting in providing you with the highest of care and service
- assist in the interpretation of relevant medical test results
- providing you with copies of your medical records
- planning or delivering care or services, including evaluating or monitoring those services
- purposes permitted or required by law (e.g., if legislation requires disclosure, in the case of a legal proceeding or to the governing body of any of our professionals)
- risk management, error management or activities to improve or maintain the quality of care of Evolve programs and services and its operations
- coordinating care and/or assisting in the provision of care
- obtaining payment
- contacting you to arrange for your appointments and/or to respond to your inquiries
- providing you with general health-related educational information that may be of specific interest to you based on your treatment at Evolve and other general medical updates
- contacting family or a potential substitute decision-maker if you are injured or unable to give consent.
- responding to your general inquiries
- enabling us to comply with applicable law or regulatory process; and
- any other reasonable purpose to which you consent.
- Personal health information may be shared with other HICs involved in your care (e.g. physician in the community or other health care practitioners who referred you to us, public hospital, pharmacy, laboratory, ambulance service), unless instructed otherwise by you.
- We will take reasonable steps to ensure that your personal health information is protected against theft, loss and unauthorized access, use or disclosure and will inform you of any unauthorized access of your PHI.
- Your express consent will be obtained for disclosure of your personal health information to persons that are not HICs, unless the disclosure is otherwise permitted or required by law (see below).We will act in accordance with PHIPA.
Other permitted or required disclosures of personal health information under PHIPA include:
- To reduce or eliminate a significant risk to a person or persons
- To a person conducting an audit or accreditation review, as long as the person does not remove any records from Evolve
- To a medical officer of health or public health authority for purposes of public health
- To the Minister of Health and Long-Term Care (“Minister”) or to another HIC to determine or provide funding for health care
- To a person compiling or maintaining a registry to facilitate or improve the provision of health care
- To an entity authorized by PHIPA for the purpose of analysis or compiling statistical information about the management or allocation of resources for the health system
- To the Minister, upon request, for the purpose of monitoring or verifying claims for payment of health care
- PHI collected in Ontario about an individual will only be disclosed to a person outside Ontario in these circumstances:
- if you consent to the disclosure;
- the disclosure is permitted under PHIPA;
- the person receiving the PHI performs a function similar to a function permitted under PHIPA;
- the disclosure is for health planning or health administration;
- the information relates to health care provided in Ontario to someone who resides in another province or territory of Canada and is given to the government of that province or territory and the disclosure is made by a prescribed entity; or
- the PHI is reasonably necessary for the provision of health care (provided there are no express instructions from you not to disclose this information) or for payment in connection with provision of health care to you.
We may disclose your personal health information to comply with our legal and regulatory requirements under the Regulated Health Professions Act and other applicable statutes. We will not supply an insurer or your employer with your personal health information without your express consent. In the event a request for such information is made, we will forward it to you and obtain your specific consent to release the requested information.
We will disclose your personal information if we have told you we will do so (either in this Notice or at the time the information is collected from you) and have obtained your consent, which may be express or implied. Additionally, Evolve may disclose the personal information where permitted or required by applicable law or regulatory requirements, or to comply with valid legal process such as court orders, or during emergency situations or where necessary to protect the safety of a person or group. In addition, both personal health information and personal information may be transferred to a successor, should there be a change in ownership in all or a part of Evolve, provided that the successor is bound by appropriate agreements and required to use or disclose your Information in a manner consistent with the use and disclosure provisions of this Privacy Notice.
Safeguarding and Storage of Information
Your health records are held at Evolve. We do not store Information outside Ontario. It is important to us that we only collect, use or disclose your Information where we have your consent to do so.
We will only collect, use or disclose your personal health information outside your circle of care with your express consent or in accordance with PHIPA. Evolve provides a more detailed outline to its clients about what type of personal health information will be collected as part of providing health care services to you.
Carl Laskin, President
You may also make a complaint about our personal health information and privacy practices to the Information and Privacy Commissioner at:
Information and Privacy Commissioner (Ontario)
2 Bloor Street East, Suite 1400
Tel: (416) 326-3333
If you have concerns about our personal information and privacy practices, you may contact the federal Privacy Commissioner at:
Office of the Privacy Commissioner of Canada
112 Kent Street Place de Ville Tower B, 3rd Floor
Phone: (613) 947-1698
Fax: (613) 947-6850
Should there be, in a specific case, any inconsistency between this Privacy Notice and PHIPA or PIPEDA, whichever is applicable, this Privacy Notice shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy law. Any interpretation of this Privacy Notice will be made by the Evolve Privacy Officer. This Privacy Notice does not create or confer upon any individual any right or obligation, or impose upon Evolve any rights or obligations outside of, or in addition to, any rights or obligations imposed by PHIPA and PIPEDA, as applicable.