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For example, in the case of the collection, use and disclose of de- identified information for research purposes, the requirements set out in section 44 of PHIPA would have to be satisfied, including the preparation of a detailed research plan, approval of the plan by a Research Ethics Board and, in the case of disclosure, the health information custodian would have to enter into an agreement with [...] This may result in a decrease in the use of one of the most effective tools for the protection of privacy in the context of the collection, use and disclosure of personal information for secondary purposes. [...] As well, section 37(1)(f) of PHIPA specifically states that health information custodians may use personal health information about an individual for the purpose of disposing of or modifying the information in order to conceal the identity of the individual. [...] Section 4(1) of PHIPA defines personal health information as identifying information about an individual in oral or recorded form if the information relates to the physical or mental health of the individual; the provision of health care to the individual; payments or eligibility for health care or health-care coverage; the donation of any body part or bodily substance of the individual; is a plan [...] Criteria that can be used to determine the re-identification risk exposure of a data disclosure is a function of four factors: the re-identification probability; the mitigating controls that are in place; the motives and capacity of the data recipient to re-identify the data; and the extent to which an inappropriate disclosure would be an invasion of privacy.22 The re-identification probability is.
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