Questions & Answers

When two custodians are matching data for research purposes, does section 70 apply? That is, must a PIA be completed beforehand? If so, who must complete the PIA?

Data matching for the purposes of research is covered under section 72 of the HIA. This section states that if data matching is performed for the purpose of conducting research, sections 48 to 56 must be complied with before the data matching is performed. Section 70 does not apply.

Although section 70 is not a requirement when performing data matching for the purposes of research, it is important to examine the Disclosure for Research Purposes provisions as covered by sections 48 – 56 of the HIA. Research Ethics Boards designated under the HIA have an obligation to consider whether the researcher should be required to obtain consents for the disclosure of health information to be used in the research from the individuals who are the subjects of the information and to assess safeguards that will be in place at the time the research will be carried out to protect the privacy of the individuals who are the subjects of the health information. Therefore, the researcher in completing the application form for Ethics review will need to address the issue of consent for disclosure of health information and the safeguards that will be in place at the time that the research will be conducted. This assessment could be likened to a PIA process. Similarly, researchers who approach custodians for disclosure of health information may find that a custodian, as a condition of disclosure, may require a completed PIA prior to approving disclosure of health information. This would be dictated to the researcher by the custodian if such a condition was imposed.

So, although Section 70 does not apply directly, there is a requirement through the research provisions of the HIA that requires researchers to address the issues of consent and safeguards as it relates to disclosure of health information for the purposes of research including being subject to other conditions that may be imposed by custodians.

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