A Beginner's Guide to PHIPA and Privacy Regulations
- Nashia Hussain
- Jul 7
- 5 min read
In Ontario, healthcare and research spaces, managing personal health information is a daily responsibility. That means understanding and complying with the Personal Health Information Protection Act (PHIPA), which is one of Canada's most comprehensive provincial health privacy laws, is essential. Whether you are a hospital administrator, researcher, or data management partner, PHIPA sets the rules that guide how you collect, use, and protect personal health information.
PHIPA Compliance
PHIPA is actively upheld and overseen by Ontario’s Information and Privacy Commissioner (IPC). It sets out how personal health information, or PHI, must be handled by healthcare providers and anyone working with them. PHI includes details like:
Medical histories and clinical notes
Diagnoses and test results
Treatment plans and medication records
Any identifying information related to a person's health
PHIPA aims to safeguard this information while still enabling effective healthcare and research. The law came into effect in 2004 and is regularly updated to reflect changes in technology and privacy standards. The IPC is responsible for investigating breaches and issuing court orders.
Who Must Follow PHIPA?
PHIPA applies to anyone considered a "health information custodian" in Ontario, including:
Hospitals and healthcare facilities
Doctors and medical practices
Long-term care homes
Pharmacies and laboratories
Public health units
But the law also applies to agents of custodians. These are people or organizations authorized to handle PHI on behalf of a custodian, such as:
IT vendors and cloud service providers
Research partners and data processors
Technology platforms and software providers
For instance, when a research institution uses a secure platform to collect survey data from patients, that platform acts as an agent. It must meet the same privacy expectations as the institution itself.
The primary goal of PHIPA is to protect individual privacy in health matters. Violations can lead to significant consequences, including legal action, reputational damage, and loss of trust from patients. Understanding the importance of compliance with PHIPA is foundational for any healthcare provider.
Key Principles for PHIPA
PHIPA is built on a few core principles. Understanding these is the first step toward compliance:
Consent matters. In most situations, you need the individual's consent to collect, use, or disclose their health information. That consent must be informed and documented.
People have rights. Individuals can request access to their own records, and they can ask for corrections if the data is inaccurate.
Safeguards are mandatory. Custodians and agents must have policies, technical controls, and training in place to protect PHI from theft, loss, or unauthorized access.
Transparency is key. Organizations must be clear and open about their privacy practices and respond to concerns or complaints.
Compliance is monitored. The Information and Privacy Commissioner (IPC) can review complaints and enforce PHIPA when organizations fall short.
What PHIPA Requires in Practice
Consent Management
Get clear, documented consent before collecting health information
Make sure people understand what you're collecting and why
Allow people to withdraw consent when possible
Keep detailed records of all consent decisions
Access and Correction Rights
Respond to requests for personal health records within required timeframes
Provide copies of records in accessible formats
Allow individuals to request corrections to inaccurate information
Document all access requests and responses
Security Safeguards
Implement technical measures like encryption and access controls
Train staff on privacy policies and proper handling procedures
Develop incident response plans for potential breaches
Conduct regular security assessments and updates
Transparency and Accountability
Publish clear privacy policies explaining your practices
Designate privacy officers to handle inquiries and complaints
Maintain audit trails of who accesses what information and when
Report breaches to the appropriate authorities when required
Common Challenges in PHIPA Compliance
Keeping Up with Technology Changes
Healthcare technology evolves rapidly, but Canadian privacy laws adapt more slowly. Organizations must ensure new systems and processes remain compliant even as
technology advances.
Managing Complex Consent Requirements
Different types of research and healthcare activities have different consent requirements. Understanding when consent is needed, what type, and how to document it properly can be complex.
Balancing Access and Security
PHIPA requires both protecting information and making it accessible when appropriate. Finding the right balance between security measures and legitimate access needs requires careful planning.
Training and Awareness
With staff turnover and changing requirements, privacy training needs to be continuous. Keeping everyone informed and aligned with their responsibilities remains an ongoing challenge.
All of these challenges can be better addressed through early and regular collaboration and coordination with institutional research advisors and research librarians and it is for this reason that myLaminin was designed with their roles in mind as well.
How myLaminin Helps with PHIPA Compliance
While PHIPA is essential, meeting its standards can be complex. That's why our team created myLaminin, a Research Data Management platform (RDM) designed specifically with privacy laws and compliance in mind.
Key Features
Consent Workflows
Customizable forms to obtain and record informed consent
Automated tracking of consent status and changes
Integration with research and clinical workflows
Role-Based Access Controls
Support for all team members including Research Assistants, Research Librarians, Research Legal Services, and others to allow a coordinated and informed management of the research data management plant protocols
Only authorized users can access sensitive datasets
Permissions align with job responsibilities and project needs
Automatic logging of all access attempts and activities
End-to-End Encryption
Data protection both in transit and at rest
Meets industry-standard safeguards expected under PHIPA
Secure key management and rotation
Comprehensive Audit Trails
Every action on the platform is logged automatically
Detailed records for investigating issues or demonstrating compliance
Easy reporting for regulatory inquiries
Through an in-depth assessment, myLaminin has confirmed that our platform meets over 80% of PHIPA requirements. Many of the requirements tagged as NA are the responsibility of those acting in a custodial capacity, or are related to on-prem data storage options or integration with EMRs. Learn more here.
The Personal Information Protection and Electronic Documents Act (PIPEDA) is another crucial piece of legislation in Canada. While PHIPA focuses specifically on health information, PIPEDA applies to personal information collected during commercial activities. Understanding the distinctions between the two is vital for ensuring compliance in various sectors.
Getting Started with PHIPA Compliance
Assess Your Current State
Review existing institutional policies and procedures against PHIPA requirements and implications for your research data management plan (DMP)
Identify gaps in current privacy protections
Evaluate DMP and supporting technology systems for compliance capabilities
Survey staff knowledge and training needs
Develop a Compliance Plan
Create or update privacy policies and procedures
Implement necessary technical safeguards
Establish staff training programs
Set up monitoring and audit processes
Choose the Right Tools
Evaluate platforms designed for healthcare privacy compliance
Consider integration with existing systems and workflows
Look for solutions like myLaminin that understand various jurisdictional requirements
Prioritize platforms with proven PHIPA compliance track records
Monitor and Improve
Regularly review and update privacy practices
Stay informed about changes to PHIPA and related Canadian privacy laws
Conduct periodic compliance audits and assessments
Continuously train staff on privacy requirements and best practices
Conclusion
PHIPA protects patient trust and safeguards the integrity of health research. That’s why our team at myLaminin have built a platform tailored to comply with Canada’s privacy landscape. With proper planning and the right support, privacy management should feel simple. Our goal is to help you focus on delivering great care and meaningful research while we handle the rest.
Sources
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Nashia Hussain (article author) is a myLaminin intern studying Business Administration at York University, Schulich School of Business.
