Privacy - Re: Medical Information (CFSRB): Difference between revisions
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:(2) A service provider may collect personal information indirectly for the purpose of providing a service and without the consent of the individual to whom the information relates if, | :(2) A service provider may collect personal information indirectly for the purpose of providing a service and without the consent of the individual to whom the information relates if, | ||
::(a) the information to be collected is reasonably necessary to provide a service or to assess, reduce or eliminate a risk of serious harm to a person or group of persons and it is not reasonably possible to collect personal information directly from the individual, | ::(a) the information to be collected is reasonably necessary to provide a service or to assess, reduce or eliminate a risk of serious harm to a person or group of persons <b><u>and it is not reasonably possible to collect personal information directly from the individual, | ||
:::(i) that can reasonably be relied on as accurate and complete, or | :::(i) that can reasonably be relied on as accurate and complete, or | ||
:::(ii) in a timely manner; | :::(ii) in a timely manner;</b></u> | ||
::(b) the information is to be collected by a society from another society or from a child welfare authority outside of Ontario and the information is reasonably necessary to assess, reduce or eliminate a risk of harm to a child; | ::(b) the information is to be collected by a society from another society or from a child welfare authority outside of Ontario and the information is reasonably necessary to assess, reduce or eliminate a risk of harm to a child; | ||
Revision as of 19:24, 16 November 2021
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-11-27 |
| CLNP Page ID: | 1779 |
| Page Categories: | CFSRB |
| Citation: | Privacy - Re: Medical Information (CFSRB), CLNP 1779, <4H>, retrieved on 2024-11-27 |
| Editor: | Sharvey |
| Last Updated: | 2021/11/16 |
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Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1
288 (1) A service provider may collect personal information indirectly for the purpose of providing a service if the individual to whom the information relates consents to the collection being made indirectly.
- (2) A service provider may collect personal information indirectly for the purpose of providing a service and without the consent of the individual to whom the information relates if,
- (a) the information to be collected is reasonably necessary to provide a service or to assess, reduce or eliminate a risk of serious harm to a person or group of persons and it is not reasonably possible to collect personal information directly from the individual,
- (i) that can reasonably be relied on as accurate and complete, or
- (ii) in a timely manner;
- (b) the information is to be collected by a society from another society or from a child welfare authority outside of Ontario and the information is reasonably necessary to assess, reduce or eliminate a risk of harm to a child;
- (c) the information is to be collected by a society and the information is reasonably necessary for a prescribed purpose related to a society’s functions under subsection 35 (1);
- (d) the indirect collection of information is authorized by the Commissioner; or
- (e) subject to the requirements and restrictions, if any, that are prescribed, the indirect collection of information is permitted or required by law or by a treaty, agreement or arrangement made under an Act or an Act of Canada.
289 A service provider may collect personal information directly from the individual to whom the information relates, even if the individual is not capable, if,
- (a) the collection is reasonably necessary for the provision of a service and it is not reasonably possible to obtain consent in a timely manner;
- (b) the collection is reasonably necessary to assess, reduce or eliminate a risk of serious harm to a person or group of persons; or
- (c) the service provider is a society and the information is reasonably necessary to assess, reduce or eliminate a risk of harm to a child.
References
- ↑ Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1, <https://www.ontario.ca/laws/statute/17c14>, retrieved 2021-10-15
