Your right of access is subject to specific limitations as specified in FIPPA. Those limitations are as follows:
Custody / Control. The record must be in the custody or control of the hospital (and must have come into the custody or control of the hospital on or after January 1, 2007). This generally means that if the record is held by the hospital or by another person on the hospital's behalf, the record will be subject to FIPPA (unless excluded, see below).
Exclusions. Certain records are excluded from FIPPA, meaning that FIPPA does not apply to them. Generally, excluded records contain or relate to:
- personal health information (subject to the Personal Health Information Protection Act, PHIPA) ;
- quality of care information (subject to and as defined in the Quality of Care Information Protection Act (QCIPA);
- the operations of a hospital foundation;
- administrative records of regulated health professionals regarding his or her personal practice;
- ecclesiastical records of a church or religious organization affiliated with a hospital;
- charitable donations made to the hospital;
- the provision of abortion services;
- certain labour relations and employment matters;
- appointment or privileging matters; or
- certain records associated with research or teaching.
Exemptions. Certain records may be subject to mandatory or discretionary exemptions to the right of access. These exemptions include records that contain:
- personal information (other than the personal information of the requester);
- third party confidential information;
- advice or recommendations to the hospital;
- information affecting economic and other interests of the hospital;
- legally privileged information, law enforcement information;
- information that could seriously threaten safety or health of an individual; or
- information that is published or is soon to be published.
Frivolous / Vexatious. Hospitals may refuse to provide access if the FOI request is frivolous or vexatious. These sorts of request are very rare, and the threshold for deeming a request frivolous or vexatious is quite high - generally requiring evidence of bad faith or an abuse of the right of access.