BreachOfPrivacy
Decisions/Federal (Canada)/Personal Information Protection and Electronic Documents Act/PIPEDA Case Summary #2017-004: Consent provided extends to third-party doctor hired to evaluate accident insurance claim
Office of the Privacy Commissioner of CanadaPersonal Information Protection and Electronic Documents ActPIPEDA Case Summary #2017-004Not well-founded
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PIPEDA Case Summary #2017-004: Consent provided extends to third-party doctor hired to evaluate accident insurance claim

Organization: A medical doctor
Decision: Jan 11, 2017Published: Jan 11, 2017

The complainant alleged that a doctor used and disclosed his personal information without consent during an insurance claim evaluation. The investigation focused on whether the complainant's consent, provided through accident benefit application forms (OCF-1 and OCF-19), extended to this specific doctor hired to prepare a summary report. The Office determined that the consent forms explicitly allowed the insurance company and other parties, including health professionals, to collect, use, and disclose personal information for the purposes of investigating and processing the insurance claim, including assessing catastrophic impairment. Therefore, the doctor did not contravene PIPEDA's consent provisions.

  • Whether consent provided for an insurance claim extended to a third-party doctor hired to prepare a summary report.
  • Whether the specific wording of consent forms (OCF-1 and OCF-19) covered the collection, use, and disclosure of personal information by the doctor.
  • Whether the doctor collected, used, or disclosed personal information for purposes beyond those stated in the consent forms.

Complaint not well-founded

The complainant had provided consent through signed accident benefit application forms that explicitly allowed the insurance company and other parties, including health professionals, to use and disclose personal information for the purposes of investigating and processing the insurance claim. The doctor's actions were within the scope of this consent.

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Statutory provisions cited
  • PIPEDA consent provisions

This summary is informational only and not legal advice.