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The HIPAA Privacy Rule specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other persons identified by a patient, in the patient's care or payment for health care.
However, ultimately, your privacy is now recognized by Ontario Courts and you can sue for damages if it is violated, but only after careful consideration of the circumstances and consultation with your qualified litigation lawyer. This WARDSPC BLAWG is for general information only.
Necessary, Proportionate, Relevant, Adequate, Accurate, Timely and Secure. Ensure the information you share is necessary for the purpose for which you share it. You should share it only with those people who need to have it, your information is accurate, up-to-date, shared in a timely fashion and also shared securely.
You must not disclose personal information to a third party such as a solicitor, police officer or officer of a court without the patient's explicit consent, unless it is required by law, or ordered by a court, or can be justified in the public interest.
You may only disclose confidential information in the public interest without the patient's consent, or if consent has been withheld, where the benefits to an individual or society of disclosing outweigh the public and patient's interest in keeping the information confidential.
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Your health information cannot be used or shared without your written permission unless this law allows it. For example, without your authorization, your provider generally cannot: Give your information to your employer. Use or share your information for marketing or advertising purposes or sell your information.
There are a few scenarios where you can disclose PHI without patient consent: coroner's investigations, court litigation, reporting communicable diseases to a public health department, and reporting gunshot and knife wounds.
Relevant personal information can also be shared lawfully if it is to keep a child or individual at risk safe from neglect or physical, emotional or mental harm, or if it is protecting their physical, mental, or emotional well-being.
You may disclose personal information if it is of overall benefit to patient who lacks the capacity to consent. When making the decision about whether to disclose information about a patient who lacks capacity to consent, you must: make the care of the patient your first concern.
Ask for consent to share information unless there is a compelling reason for not doing so. Information can be shared without consent if it is justified in the public interest or required by law. Do not delay disclosing information to obtain consent if that might put children or young people at risk of significant harm.

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