Section 1 definition of "planning or research purpose" BEFORE repealed by 2012-22-79(a), effective May 31, 2012 (Royal Assent).
"planning or research purpose" means any purpose described in section 4 (g) or (h);
Section 1 definition of "protected information" was added by 2012-22-79(b), effective May 31, 2012 (Royal Assent).
Section 3 (2) (g) BEFORE amended by 2012-22-80, effective May 31, 2012 (Royal Assent).
(g) except in the case of disclosure for a planning or research purpose, identify to whom personal health information contained in the health information bank may be disclosed;
Section 4 (g) BEFORE amended by 2012-22-81, effective May 31, 2012 (Royal Assent).
(g) to engage in health services planning, maintenance or improvement, including
(i) health service development, management, delivery, monitoring and evaluation,
(ii) compiling statistical information, and
(iii) public health surveillance;
Section 5 BEFORE amended by 2012-22-82, effective May 31, 2012 (Royal Assent).
Disclosure of personal health information
5 A designation order may authorize the disclosure of personal health information only for one or more of the following purposes:
(a) if disclosure is inside Canada, a purpose set out in section 4 (a) to (f) [collection and use of personal health information];
(b) a planning or research purpose;
(c) if disclosure is inside or outside Canada, a purpose set out in section 4 (i).
Section 10 (1) (b) BEFORE amended by 2021-39-56, effective November 25, 2021 (Royal Assent).
(b) for a purpose described in section 33.1 (1) (c) of the Freedom of Information and Protection of Privacy Act;
Section 11 (1) BEFORE amended by 2012-22-83, effective May 31, 2012 (Royal Assent).
(1) The data stewardship committee is solely responsible for managing the disclosure, for a planning or research purpose, of information contained in a health information bank or a ministry database.
Section 12 (2) (f) and (g) BEFORE amended by 2012-22-84(a),(b), effective May 31, 2012 (Royal Assent).
(f) one person engaged in health research, and
(g) 3 persons chosen as representative of the general public.
Section 12 (2) (c), (d) and (e) BEFORE amended by 2017-15-15, effective November 2, 2017 (Royal Assent).
(c) one person nominated by the council of the College of Physicians and Surgeons of British Columbia,
(d) one person nominated by the council of the College of Pharmacists of British Columbia,
(e) one person nominated by the board of the college established under section 15 (1) of the Health Professions Act for the health profession of the practice of nursing,
Section 14 BEFORE amended by 2012-22-85, effective May 31, 2012 (Royal Assent).
Disclosure for planning or research purposes
14 (1) A person who requires information for a planning or research purpose may request information from a health information bank or ministry database only by submitting to the data stewardship committee
(a) a request in the form and in the manner required by the data stewardship committee, and
(b) information required by the data stewardship committee for the purposes of evaluating the request.
(2) The data stewardship committee may approve the request if all of the following apply:
(a) the request is for a planning or research purpose;
(b) in the case of information from a health information bank, the disclosure is authorized under the terms of the designation order;
(c) in the case of personal health information requested for a health research purpose, the requirements of section 15 [disclosure for health research purposes] have been met;
(d) in the case of a request to disclose personal health information outside Canada, there is express consent, in writing, to the disclosure from each person who is the subject of the personal health information.
(3) If the data stewardship committee approves the request, the administrator may, subject to any conditions set by the data stewardship committee on approving the request, disclose the information to the person who made the request.
(4) An administrator must not disclose information under subsection (3) except under an information-sharing agreement
(a) with the person who made the request, and
(b) made, whether or not personal health information is disclosed, in accordance with section 19 (2) and (3) [information-sharing agreements required for disclosure].
Section 15 (c) BEFORE amended by 2011-17-33, effective November 14, 2011 (Royal Assent).
(c) any record linkage is not harmful to the individuals who are the subjects of the personal health information and the benefits to be derived from the record linkage are clearly in the public interest;
Section 15 BEFORE repealed by 2012-22-86, effective May 31, 2012 (Royal Assent).
Disclosure for health research purposes
15 If a request for personal health information under section 14 [disclosure for planning or research purposes] is made for a health research purpose, the data stewardship committee may approve the request only if all of the following criteria are met:
(a) the health research purpose cannot reasonably be accomplished unless personal health information is disclosed;
(b) personal health information is disclosed on condition that it not be used for the purpose of contacting a person to participate in the health research, unless the commissioner approves
(i) the health research purpose,
(ii) the use of disclosed personal health information for the purpose of contacting a person to participate in the health research, and
(iii) the manner in which contact is to be made, including the information to be made available to persons contacted;
(c) any data linking is not harmful to the individuals who are the subjects of the personal health information and the benefits to be derived from the data linking are clearly in the public interest;
(d) the data stewardship committee has imposed conditions relating to
(i) security and confidentiality,
(ii) the removal or destruction of individual identifiers at the earliest reasonable time, and
(iii) the prohibition of any subsequent use or disclosure of personal health information without the express authorization of the data stewardship committee.
Section 18 (1) (a), (2) (b) and (3) BEFORE amended by 2011-17-34, effective November 14, 2011.
Purposes for which disclosure always authorized
18 (1) An administrator may disclose personal health information inside Canada from a health information bank for one or more of the following purposes:
(a) a purpose described in section 33.2 (b) or (f) of the Freedom of Information and Protection of Privacy Act;
(b) to investigate or discipline a person regulated by a governing body of a health profession that has authority, under an enactment, to investigate or discipline the person;
(c) to monitor, by a governing body of a health profession, the practice of a health profession that is, under an enactment, regulated by that body;
(d) a purpose for which the person who is the subject of the personal health information has expressly consented.
(2) An administrator may disclose personal health information inside or outside Canada from a health information bank for one or more of the following purposes:
(a) a purpose described in section 33.1 (1) (a), (c), (e), (e.1), (g), (m), (n) or (p) of the Freedom of Information and Protection of Privacy Act, or
(b) a purpose for which the person who is the subject of the personal health information has expressly consented in writing.
(3) Section 19 [information-sharing agreements] does not apply to disclosure of personal health information under this section.
Section 18 (1) (a) and (2) (a) BEFORE amended by 2012-22-87, effective May 31, 2012 (Royal Assent).
(a) a purpose described in section 33.2 (f) of the Freedom of Information and Protection of Privacy Act;
(a) a purpose described in section 33.1 (1) (a), (c), (e), (e.1), (g), (m), (n), (p) or (t) or (6) or (7) of the Freedom of Information and Protection of Privacy Act, or
Section 18 (2) (a) BEFORE amended by 2020-14-35, effective August 14, 2020 (Royal Assent).
(a) a purpose described in section 33.1 (1) (a), (c), (e), (e.1), (g), (i), (i.1), (m), (m.1), (n), (p) or (t) or (6) or (7) of the Freedom of Information and Protection of Privacy Act, or
Section 18 (1) (a) BEFORE amended by 2021-39-57(a), effective November 25, 2021 (Royal Assent).
(a) a purpose described in section 33.2 (f) and (i) of the Freedom of Information and Protection of Privacy Act;
Section 18 (2) (a) BEFORE amended by 2021-39-57(b), effective November 25, 2021 (Royal Assent).
(a) a purpose described in section 33.1 (1) (a), (c), (e), (e.1), (g), (i), (i.1), (m), (m.1), (n), (p), (p.1), (p.2) or (t), (6) or (7) of the Freedom of Information and Protection of Privacy Act, or
Section 19 (3) BEFORE amended by 2012-22-88, effective May 31, 2012 (Royal Assent).
(3) An information-sharing agreement must include a requirement that
(a) if
(i) personal health information, or
(ii) any information related to a health service provider
is disclosed under the agreement, the personal health information or information will not be used or disclosed for the purpose of market research,
(b) if disclosure is for a planning or research purpose, the person to whom information is disclosed must comply with the data stewardship committee's policies and procedures established under section 13 (2) [data stewardship committee], and
(c) if disclosure is for a health research purpose, the person to whom personal health information is disclosed must comply with the conditions imposed under section 15 (d) [disclosure for health research purposes].
Section 19 (1) (c) (iii) BEFORE amended by 2021-39-58, effective November 25, 2021 (Royal Assent).
(iii) an aboriginal government, an educational body or a social services body, as those terms are defined in the Freedom of Information and Protection of Privacy Act;
Section 20 BEFORE re-enacted by 2012-22-89, effective May 31, 2012 (Royal Assent).
No disclosure for market research purposes
20 Despite this Act or the terms of a designation order, or section 35 of the Freedom of Information and Protection of Privacy Act, a person must not disclose
(a) personal health information, or
(b) information related to health service providers
contained in a health information bank or ministry database for the purpose of market research.