Personal Health Information Act, restriction on requiring, collecting or using the PHIN
In force since .
A sensitive categories rule binding public and private bodies.
- Enforcement body
- Ombudsman of Manitoba
- Obligation class
- Prohibition
As of .
What it requires
- Do not require another person to produce their PHIN, and do not collect or use another person's PHIN, unless you are a trustee or an exception in section 26(2) applies (s. 26(1)).
- The exceptions are purposes related to providing publicly funded health care to that person, a health research project approved under section 24, and circumstances the regulations permit (s. 26(2)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 63(1)(e) makes it an offense to require production of, or to collect or use, another person's PHIN contrary to section 26, and section 64(1) sets the fine.
Penalty structure
Section 64(1) sets the fine for an offense under section 63 at not more than $50,000.
- Rule
- Fixed only
- As of
- Currency
- CAD
- Fixed cap
- 50,000
What this law does
The PHIN is the personal health identification number assigned to an individual by the Minister to uniquely identify the individual for health care purposes. No person other than a trustee may require the production of another person's PHIN or collect or use another person's PHIN.
A person may nonetheless collect or use another person's PHIN for purposes related to the provision of publicly funded health care to the other person, for a health research project approved under the Act, or in circumstances the regulations permit. A person who requires production of, or collects or uses, another person's PHIN contrary to section 26 is guilty of an offense.
When LexLint raises it
When your app profile says your app handles health records.