Privacy Policy

Kensington Health is committed to protecting the personal health information that you provide to us.

This Privacy Notice (“Notice”) explains how we collect, use and disclose your personal health information. The information contained in this Notice applies to you if you have visited Kensington Health, called-in or emailed us and provided us with your personal health information.

1. CONFIDENTIALITY AND SECURITY

We restrict access to your personal health information to those employees who need to know that information for the Purpose described below. We maintain physical and electronic safeguards that comply with applicable laws to guard your personal health information. To the extent we contract with third party service providers, we ensure that appropriate privacy protection is in place to safeguard against any inadvertent access to your personal health information.

2. PURPOSES

We collect and use your personal health information for the purpose of providing direct patient care; planning, administration and management of Kensington Health programs and services; patient billing; conducting quality improvement activities (such as sending patient satisfaction surveys); compliance with legal and regulatory requirements; and as permitted or required by law (hereinafter referred to as the “Purpose”).

3. INFORMATION WE COLLECT AND USE

Kensington Health limits the collection of personal health information to that which is necessary to fulfill the Purpose identified and in accordance with the requirements set out by applicable law.

Personal health information is collected directly from you, unless the law permits or requires collection from third parties, custodians or other healthcare providers.

We may collect the following personal health information from you:

  • relating to your physical or mental health, including information that consists of the health history of your family;
  • relating to the provision of health care, including the identification of a person as a provider of health care to you;
  • relating to payments or eligibility for health care, or eligibility for coverage of health care;
  • relating to the donation of any bodily substance or derived from the testing or examination of any bodily substance (for example, blood tests);
  • relating to your health number; and
  • relating to a person who is acting on your behalf for treatment purposes (or your next-of-kin, if appropriate).

In each case we use this personal health information for the Purpose, and as otherwise permitted or required by applicable law.

4. INFORMATION WE DISCLOSE

Kensington Health operates within the Circle of Care model. This means that implied consent is assumed when providing health care or assisting in providing health care within the Circle of Care (to a health information custodian or to a person who is responsible for providing continuing treatment and care to you). This is unless Kensington Health is aware that you have specifically withdrawn or withheld their consent.

Further, we will disclose your personal health information to institutions, persons or entities that are not part of the Circle of Care (not for the purposes of providing direct health care) only if you give us express consent to do so. We will only collect, use and disclose your personal health information as permitted or required by applicable law.

5. CONSENT

Where you do not wish us to collect, use or disclose your personal health information for specified purposes, you can opt-out from such collection, use and disclosure. Please let us know and we will duly incorporate the lock-box (consent directive) in your health record. The files (could be physical or electronic) containing your personal health information will be securely maintained by Kensington Health and its authorized employees or agents who need to access the information in the administration and provision of the services we provide to you.

6. YOUR RIGHTS

You have a right to access and rectify the information contained in a file held about you.

Access to Your Information

To obtain formal access to your information, you must make a request to Kensington Health in writing. We may ask for you to provide us with further information to process the request or ask that you pay a fee for processing the request as set out in the applicable legislation.

We will make every reasonable effort to assist you and to respond openly, accurately and completely.

We must refuse to disclose information to you, if:

  • (a) the record is subject to a legal privilege that restricts disclosure of the record;
  • (b) another Act or a court order prohibits disclosure of the record in the circumstances;
  • (c) the information in the record was collected or created primarily in anticipation of or for use in a proceeding, and the proceeding, together with all appeals or processes resulting from it, have not been concluded;
  • (d) the following conditions are met:
    • (i) the information was collected or created in the course of an inspection, investigation or similar procedure authorized by law, and
    • (ii) the inspection, investigation, or similar procedure, together with all proceedings, appeals or processes resulting from them, have not been concluded;
  • (e) granting the access could reasonably be expected to,
    • (i) result in a risk of serious harm to the treatment or recovery or a risk of serious bodily harm to you or another person,
    • (ii) lead to the identification of a person who was required by law to provide information in the record to us, or
    • (iii) lead to the identification of a person who provided information in the record to us explicitly or implicitly in confidence if we consider it appropriate in the circumstances that the identity of the person be kept confidential.

Please note that under the law, we must make every reasonable effort to respond to a request within a set number of days after receiving the request or within any extended period.

Nothing prevents Kensington Health from granting you access to your personal health information if you make an oral request, informal request.

Correction or Amendment of Your Information

If you believe there is an error or omission in your information, you may request in writing that we amend the information.

We must respond to a request to correct a record with a set number of days as set out in the applicable legislation, or seek an extended period of time.

We also have the right to refuse to make the correction or amendment as set out by law. If we refuse to make the correction or amendment, we will provide you with written notice, including the reasons for the refusal.

We can refuse to make a correction or amendment that has been requested in respect of:

  • (a) a professional opinion or observation made by a health services provider about you, or
  • (b) a record that was not originally created by Kensington Health.
  • (c) ask for a review of Kensington Health’ decision by the Commissioner; or
  • (d) submit a statement of disagreement setting out the requested correction or amendment and your reasons for disagreeing with our decision.

If we refuse to correct a record, you can either:

In order to exercise this right and in order to obtain information about our privacy practices and about our collection, use and disclosure of personal health information, both by us and any service providers we contract with in Ontario or in other provinces, you can contact our Privacy Officer at:

Kensington Health
25 Brunswick Ave.
Toronto, ON
M5S 2L9

Attention: Kensington Health Chief Privacy Officer
Telephone: 416-963-870
Email: privacy@kensingtonhealth.org

For a copy of the Personal Health Information Protection Act, 2004,, see: https://www.ontario.ca/laws/statute/04p03

To contact the Information and Privacy Commissioner of Ontario, please contact:

2 Bloor Street East, Suite 1400
Toronto, Ontario M4W 1A8
Phone: 416-326-3333 or 1-800-387-0073