I’m Kate Dewhirst.

My team and I write about legal issues affecting healthcare in Canada.

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Category: Long-term care


After death: who can access the records of a patient after death?

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The Information and Privacy Commissioner of Ontario released a new resource today for the general public called “Accessing Your Deceased Relative’s Personal Information“. The resource first addresses rights of access to records held by government. Then the IPC provides guidance to the public how to obtain health information from healthcare providers. The IPC answers the… Read more »




Health Privacy Update: What is a “bad faith” request for access to health records?

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In a new health privacy decision of the Information and Privacy Commissioner of Ontario, we find out what needs to be proven to show a patient is making a request for access to health records in “bad faith”. Decision 87:  Interprets “Bad Faith” Requests A patient saw a chiropodist at a foot clinic. The patient wanted a copy… Read more »


Health Privacy Update: When someone asks for a copy of a “complete health record”, what does that mean?

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In Decision 89 of the Information and Privacy Commissioner of Ontario deals with an access request, what lengths a health care organization has to go to look for records and what is a “complete health record”. In this case, the complainant asked a community care access centre (CCAC) for access to his deceased wife’s complete… Read more »


Health Privacy Update: IPC has new guidelines on avoiding abandoned health records

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The Information and Privacy Commissioner of Ontario just released new guidelines “Avoiding Abandoned Health Records: Guidance for Health Information Custodians Changing Practice“. The guidelines cover: Who is the custodian when there is a change of practice? What obligations do custodians have when changing practice? Avoiding abandoned records What to do if you discover abandoned records… Read more »


Health Privacy Update: What happens if you lose a patient record?

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The Information and Privacy Commissioner of Ontario has issued a new health privacy Decision 86. A woman contacted a hospital to have access to her deceased son’s health records.   The hospital provided part of the record but notified the requester that part of the paper record was missing. The requester made a complaint to the… Read more »


Health Privacy Update: A new correction decision of the IPC

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The Information and Privacy Commissioner of Ontario just issued Decision 85 – which is a new correction case. A hospital received a correction request from the daughter of a deceased patient relating to 4 pages including: physician orders, progress notes, medication administration record and Critical Care Response Team Consultation Record. The complainant believed her mother’s… Read more »


Health Privacy Update: New access decision of the IPC

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The Information and Privacy Commissioner of Ontario just issued decision 84, which is a new access decision. Bottom Line: This decision is consistent with other decisions of the IPC and does not require a change to practice. In this case, a patient of a hospital was concerned that hospital staff were inappropriately viewing her record…. Read more »


Health Privacy Update: Parents do not have a right of access to the information about them in their children’s health records

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Stay with me folks – it’s going to get bumpy. There are some important nuances to understand my headline and this case. Here’s the new health privacy decision of the Information and Privacy Commissioner of Ontario #83. This case echoes questions I am asked every week in my practice. It is important reading for any… Read more »


Some of Kate’s recent and upcoming events

Free healthcare privacy webinar - ask me anything!
the first Wednesday of every month

Free webinars - advance registration needed

Whether you're an experienced privacy officer or new in the field, pick Kate’s brain for free for an hour, in this live webinar. No charge, but you’ll need to register in advance.

Primary care webinars: Employment Law Update & Legal Issues for EDs and Board members

Part of Kate’s monthly webinar series.

Our 2025 program is now live.
Full details of the 2024 webinar series and registration here.

Mental Health webinars: Legal issues for mental health and addictions agencies and teams
Annual membership 2025

For managers and other leaders from mental health and addictions agencies, hospitals, CMHAs, CHCs, school boards, FHTs and Indigenous health services

This is an annual membership program with monthly webinars.
Full details and registration here.

Health Privacy Officer Foundations training
starts Spring 2025

For Privacy Officers within healthcare organizations.

This course focuses on how to become a more confident privacy officer and gives you the tools to document your privacy program. Full details and registration here...

Join the Shush: a collective of health privacy officers
Annual membership 2024

For Privacy Officers within healthcare organizations

This is an annual membership program that takes theory into practice and tackles real life scenarios to build Privacy Officer skills.
Full details and registration here.

Team Privacy Training Events

For Primary Care clinics, Hospitals, Community Agencies, Mental Health Teams, Public Health Units, School Boards, Police departments

Scheduled to your team's needs for comprehensive or refresher training More details...

Free summary of all PHIPA IPC decisions

Want to read privacy breach stories to learn how to improve your work? We have summarized all the Information and Privacy Commissioner's health privacy decisions for you Download here...

Kate Dewhirst Health Law

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My mission is bringing the law to life. I make legal theory understandable, accessible and fun! I’m available and love to work for all organizations in the healthcare sector across Ontario and beyond.

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