PHIPA DECISION 292

Complaint HA25-00029

Dr. Niall O’sullivan

July 29, 2025

Summary: On October 7, 2024, the complainant asked their doctor for access to their personal health information. The complainant submitted a complaint because the doctor failed to respond to the request within the prescribed time limit. The decision-maker finds that the doctor is deemed to have refused the complainant’s access request under section 54(7) of the Act and orders the doctor to respond to the complainant’s access request.

Statutes Considered: Personal Health Information Protection Act, 2004, as amended, sections 54(2) and 54(7).

BACKGROUND:

[1] On October 7, 2024, the complainant asked their doctor Dr. Niall O’Sullivan (the doctor) for access under the Personal Health Information Protection Act, 2024 (the Act) to their medical records.

[2] On January 31, 2025, the complainant submitted a complaint to the Information and Privacy Commissioner of Ontario (IPC) because the doctor failed to respond to their access request within 30 days. The IPC opened HA25-00029 for this matter.

[3] The doctor is retired; however, the website of the College of Physicians and Surgeons of Ontario (CPSO) provides an email address for former patients wishing to receive their medical information from the doctor.

[4] On May 22, 2025, I emailed the doctor using the address on the website of the CPSO to discuss this complaint and determine if the records had been released. No response was received.

[5] On June 3, 2025, I again emailed the doctor advising that if I did not hear back by June 10, 2025, I would proceed to a formal expedited review of this matter. To date, I have not heard back from the doctor.

[6] On June 25, 2025, I issued a Notice of Expedited Review, encouraging the doctor to respond to the complainant’s access request by July 9, 2025.

[7] A response was not received by July 9, 2025. As of today, no response has been provided by the doctor to the complainant’s access request.

[8] Considering the above and to ensure that there are no further delays in processing this request, I will order the doctor to respond to the complainant’s access request in accordance with the Act.

DISCUSSION:

Preliminary Issues:

[9] Based on the information before me in this complaint, I am satisfied that:

• the requested records contain “personal health information”, as defined in sections 2 and 4 of the Act; and
• the doctor is a health care practitioner within the meaning of section 2 of the Act[1] and therefore, is a health information custodian within the meaning of section 3(1) of the Act[2].

Issue: Is the doctor in a deemed refusal situation pursuant to section 54(7) of the Act?

[10] Under section 54(8) of the Act, if a health information custodian refuses or is deemed to have refused an access request, the burden of proof in respect of the refusal lies on the health information custodian.

[11] Section 54(2) of the Act outlines the time parameters for a custodian to respond to an access request:

(2) Subject to subsection (3), the health information custodian shall give the response required by clause (1) (a), (b), (c) or (d) as soon as possible in the circumstances but no later than 30 days after receiving the request.

[12] Section 54(7) of the Act outlines the circumstances that give rise to a deemed refusal:

(7) If the health information custodian does not respond to the request within the time limit or before the extension, if any, expires, the custodian shall be deemed to have refused the individual’s request for access.

[13] As of today, the doctor has not responded to the complainant’s access request despite the filing of a complaint with the IPC, and my decision to conduct an expedited review and issue of a Notice of Expedited Review, encouraging him to do so by July 9, 2025.

[14] Therefore, I find the doctor to be in a deemed refusal situation under section 57(4) of the Act.

[15] To ensure that there are no further delays, I will order the doctor to respond to the complainant’s access request in accordance with the Act.

ORDER:

Pursuant to section 61(1) of the Act:

1. I order the doctor to respond to the complainant’s access request in accordance with the Act and without recourse to a time extension, by August 13, 2025.
2. To verify compliance, the doctor shall provide me by email with a copy of the response referred to in provision 1 by August 13, 2025.