55.5 (1) A health information custodian shall not collect personal health information by means of the electronic health record except for the purpose of, (a)  providing or assisting in the provision of health care to the individual to whom the information relates; or (b)  eliminating or reducing a significant risk of serious bodily harm to a person or group of persons, where the health information custodian believes on reasonable grounds that the collection is necessary for this purpose. 2016, c. 6, Sched. 1, s. 1 (15). Unique identification (2) A health information custodian may collect, use and disclose prescribed data elements for the purpose of uniquely identifying an individual in order to collect personal health information under subsection (1). 2016, c. 6, Sched. 1, s. 1 (15). Where consent directive exists (3) Despite subsection (1), where personal health information that is accessible by means of the electronic health record is subject to a consent directive made by an individual under subsection 55.6 (1), a health information custodian may only collect the personal health information in the circumstances permitted under subsection 55.7 (1), (2) or (3). 2016, c. 6, Sched. 1, s. 1 (15). Use or disclosure (4) A health information custodian that collects personal health information under clause (1) (a) may use or disclose the information for any purpose for which this Act permits or requires a custodian to use or disclose personal health information. 2016, c. 6, Sched. 1, s. 1 (15). Same (5) Despite any other provision in this Act or the regulations, a health information custodian that collects personal health information under clause (1) (b) may only use or disclose the information for the purpose for which the information was collected. 2016, c. 6, Sched. 1, s. 1 (15). Section 12 obligations (6) If a health information custodian requests that the prescribed organization transmit personal health information to the custodian by means of the electronic health record and the prescribed organization transmits the information as requested, the custodian shall comply with the obligations referred to in subsection 12 (1) with respect to the transmitted information, regardless of whether the custodian has viewed, handled or otherwise dealt with the information. 2016, c. 6, Sched. 1, s. 1 (15). Same, notice of unauthorized collection (7) Subject to the exceptions and additional requirements, if any, that are prescribed, and in addition to any notice that is required to be given in the case of an unauthorized use or disclosure under subsections 12 (2) and (3), if personal health information about an individual is collected without authority by means of the electronic health record, the health information custodian who is responsible for the unauthorized collection shall, (a)  notify the individual at the first reasonable opportunity of the unauthorized collection, and include in the notice a statement that the individual is entitled to make a complaint to the Commissioner under Part VI; and (b)  if the circumstances surrounding the unauthorized collection meet the prescribed requirements, notify the Commissioner of the unauthorized collection. 2016, c. 6, Sched. 1, s. 1 (15). Section Amendments with date in force (d/m/y) 2016, c. 6, Sched. 1, s. 1 (15) - 01/10/2020