Lock+Box

The "lock box" is a popular term used to describe the right of an individual to "lock" all or part of his or her health record restricting the use or disclosure of personal health information. The lock box is a feature of Ontario's [|Personal Health Information Protection Act (PHIPA)], Manitoba's [|Personal Health Information Act] (PHIA), and Saskatchewan's  [|Health Information Protection Act](HIPA). Ontario's lock box applies to uses and disclosures of PHI. Manitoba and Saskatchewan's lock boxes apply only to disclosures.

The term "lock box" is not used in the legislation. The lock box provisions are found in sections:
 * 1) [|37(1)(a)], [|38(1)(a)], and [|50(1)(e)] of Ontario's PHIPA.
 * 2) [|22(2)(a)] of Manitoba's PHIA
 * 3) 27(2)(c)(ii) of Saskatchewan's HIPA

In general, these clauses state that Health Information Custodians/ Trustees (common terms covering most health care professionals and health care delivery organizations) can use and disclose information to other Health Information Custodians within the circle of care, but not if the individual expressly instructs otherwise.

Under Ontario's PHIPA, where a Health Information Custodian is disclosing a record to another Health Information Custodian under section [|38(1)(a)] or [|50(1)(e)], and all or part of that record has been locked, under sections [|38(2)] and [|50(2)] the disclosing custodian can notify the receiving custodian of that fact (of the locked record - not the actual information itself) where the disclosing custodian believes that the information is necessary for the provision of health care to the individual. The receiving custodian can then ask the individual about the locked information and perhaps obtain the individual's consent to access the information. The lock box provisions do not apply to a number of uses (see section [|37(1)(c) - (k)]) and disclosures ([|see sections 38 - 49]) prescribed in PHIPA.

For more information please refer to the [|Lock-box Fact Sheet] published by the [|Information and Privacy Commissioner for Ontario].