PHRPC Overview

Provincial Health Research Privacy Committee

On January 1, 2022, the Health Information Privacy Committee (HIPC) was replaced with the Provincial Health Research Privacy Committee (PHRPC). Changes to the PHIA legislation (the Personal Health Information Act) came into effect and enabled the implementation of initial changes toward a harmonized health research approval process, which will improve time-to-conduct research in Manitoba. PHRPC  is administered by Research Manitoba as part of the Research Improvements Through Harmonization In Manitoba (RITHIM) initiative to harmonize reviews of research projects in Manitoba.

Purpose

PHRPC reviews health research projects that the use of personal health information held by any Manitoba trustee, including government and government agencies, and render a decision (i.e., approved, conditionally approved or not approved/requires revision). The PHIA amendments require PHRPC to receive satisfactory confirmation that the proposed research project has been approved by the Committee for Harmonized Health Impact, Ethics and Privacy Review (CHIPER) prior to its own decision.

PHRPC must consider whether the importance of requests for access to personal health information for research purposes outweighs the intrusion into privacy and whether adequate safeguards are in place to protect the confidentiality of the information. Individuals have the right of protection against unauthorized use, disclosure, or destruction of personal health information by trustees. Authorized use by a health researcher requires that PHRPC has determined that the researcher has met all conditions required to be given approval. (PHIA sec 2(d), 24(1), 24(3))

Authority

Sec. 22(2): A trustee may disclose personal health information without the consent of the individual if the disclosure is (f) in accordance with section 23 (disclosure to patient’s family), 24 (disclosure for health research) or 25 (disclosure to an information manager).

Sec. 24(1): A trustee may disclose personal health information to a person conducting a health research project only if the project has been approved under this section.

Sec. 24(2): An approval may be given by the committee established under section 59.

Sec. 59(1): The minister must establish a committee in accordance with the regulations for the purpose of approving health research projects under section 24.

The committee shall:

1. Review all requests from researchers to obtain and use personal health information maintained by any government department or government agency in order to determine that:
   • the research has to be important enough to outweigh any invasion of privacy involved (sec. 24(3) (a)); the research cannot be done without using identifiable personal health care information (sec. 24(3)(b));
   • it is impossible or impractical to get consent from the people the personal health information is about (sec. 24(3)(c));
   • the project ensures the security of the personal health information and its destruction when finished (sec. 24(3)(d)); and
   • the information is the minimum necessary to accomplish the purpose (sec. 20(2)).
2. Ensure that the disclosure of personal health information does not occur without the consent of the individual, in situations where the research requires direct contact with individuals, with the exception of names and addresses. (sec. 24(5))
3. Ensure that each request for approval of a health research project under section 24 includes the required information.
4. After making a decision to grant or refuse to grant an approval, the committee shall advise the research applicant in writing of its decision.
5. The committee shall provide the Minister with an annual report of its activities.

PHRPC Membership

PHRPC is to consist of not less than eight and not more than twelve members appointed by the Health Minister.

The Minister must appoint at least one person from nominations received from each of the following:

• the College of Physicians and Surgeons of Manitoba;
• the College of Registered Nurses of Manitoba;
• the College of Pharmacists of Manitoba;
• Manitoba and Nunavut Chapter of the Canadian Health Information Management Association;
• The University of Manitoba; and
• Research Manitoba.

In addition, the Minister must appoint at least one person from nominations received from Shared Health Inc., CancerCare Manitoba and any regional health authority.

A committee member may be appointed for a period of no more than six years and continues to hold office until the member is re-appointed, the appointment is revoked, or a successor is appointed.