Privacy Policy
Jenny Neil Psychology is committed to the ongoing protection of your personal health information. This statement outlines our policies and procedures with respect to collecting, using and disclosing your personal health information. We try to be open and transparent about how we handle personal health information. This document describes our privacy policies.
What is Personal Health Information?
Personal information is information about an identifiable individual and includes information that relates to an individual’s personal characteristics (e.g., gender, age, home address or phone number, ethnic background, family status); health (e.g., health history, health conditions, health services received by them); or activities and views (e.g., religion, politics, opinions expressed by an individual, an opinion or evaluation of an individual). Personal information and specifically personal health information is protected by privacy legislation (i.e., the Personal Health Information Protection Act [PHIPA]), and is different from business information (e.g., an individual’s business address and phone number), which is not protected by privacy legislation.
Who We Are
Jenny Neil Psychology includes Jenny Neil only, without in-office assistance. However, we use a number of consultants and agencies that may, in the course of their duties, have limited access to personal health information we hold. We have taken steps with these organizations to ensure confidentiality of the information provided.
We deal with computer support services, an accounting firm, lawyers, administrative advisers, website managers, and banks. We restrict their access to any personal health information we hold as much as is reasonably possible. We also use the services of maintenance personnel, such as electricians, plumbers, service technicians, etc. If such providers must enter our office, all documents containing private information are properly filed. We also have their assurance that they follow appropriate privacy principles.
For your wellbeing, we also consult with health professionals, such as psychologists, social workers, psychotherapists, psychiatrists, and doctors. If ever necessary to reveal your name to these specialists, you will be consulted, and your written consent will be required.
Collection of Personal Health Information: Primary Purpose
We collect, use and disclose information for purposes related to, or secondary to, our primary purposes. The most common examples of primary purposes are as follows:
To invoice clients for services that were not paid for at the time, to process credit card payments or to collect unpaid accounts.
The cost of some services provided by the organization to clients is paid for by third parties (e.g., Medavie Blue Cross, private insurance). These third-party payers often have your consent or legislative authority to direct us to collect and disclose to them certain information in order to demonstrate client entitlement to this funding.
Jenny Neil Psychology is regulated by the College of Psychologist and Behaviour Analysts of Ontario, who may inspect our records as a part of their regulatory activities in the public interest. The College of Psychologists and Behavioural Analysts of Ontario has its own strict privacy obligations and policies.
We will report serious misconduct, incompetence or incapacity of other practitioners. External regulators have their own strict privacy obligations. Sometimes these reports include personal information about our clients, or other individuals, to support the concern (e.g., improper services).
Like all organizations, various government agencies (e.g., Canada Customs and Revenue Agency, Information and Privacy Commissioner, Human Rights Commission, etc.) have the authority to review client files and interview health providers as a part of their mandates. In these circumstances, we may consult with professionals (e.g., lawyers, accountants) who will investigate the matter and report back.
Collection of Personal Health Information: Related and Secondary Purposes
Clients
Like all licensed Psychologists in Ontario, we collect, use and disclose personal information in order to serve our clients. For our clients, the primary purpose for collecting personal information is to provide psychological treatment. For example, we collect information about a client’s health history, including their family history, physical condition and function and social situation in order to help us assess what their health needs are, to advise them of their options and provide the necessary services. A second primary purpose is to obtain a baseline of health and social information so that in providing ongoing health services we can identify changes that occur over time. It would be rare for us to collect such information without the client’s express consent, but this might occur in an emergency (e.g., the client is unconscious) or where we believe the client would consent if asked and it is impractical to obtain consent (e.g., a family member passing a message on from our client and we have no reason to believe that the message is not genuine).
By law and in accordance with professional standards, we are required to keep a record of contact with and services to you. Your record includes information that you have provided to us or have authorized us to receive, such as consent forms, session notes, results of any assessments, billing information, contact records, and correspondence that we have sent to or received relating to your services. The records are the property of Jenny Neil Psychology; however, you have rights regarding access to and disclosure from your record, regardless of the form in which information is recorded. In this office, information is recorded in electronic form.
Members of the General Public
For members of the general public, our primary purposes for collecting personal information are to collect non-identifiable information from those who interact with our website or communicate with Jenny Neil Psychology, even if they do not become clients. This includes website traffic data (such as IP addresses and browser types) used strictly for security and performance purposes.
Protecting Personal Information
We understand the importance of protecting personal information. For that reason, we have taken the following steps:
Paper information is either under supervision or secured in a locked or restricted area.
Electronic hardware is either under supervision or secured in a locked or restricted area at all times. In addition, strong passwords are used on all computers and mobile devices.
We try to avoid taking personal health information home to work on there. However, when we do so, we transport, use and store the personal health information securely.
Paper information is transferred through sealed, addressed envelopes or boxes by reputable companies with strong privacy policies.
Paubox is used to encrypt all outbound emails with TLS (transport layer security), regardless of the email’s contents.
We use Janeapp, which is an encrypted practice management software compliant with PIPEDA, to facilitate tele-services and store all personal information provided by you in order that we can provide our services to you.
We are trained to collect, use and disclose personal information only as necessary to fulfill their duties and in accordance with our privacy policy.
Tele-Services (Virtual and Telephone-based Sessions)
Jenny Neil Psychology offers virtual (video) and telephone-based options for assessment and treatment services. Virtual care is offered through the Janeapp videoconferencing platform. Janeapp videoconferencing meets Canadian privacy laws and is privacy-compliant. Virtual care requires the use of a webcam or smartphone, and a link to the virtual session will be provided by e-mail prior to the session. We highly recommend you test your video/audio settings the day before your session, and contact Janeapp’s tech support for assistance if needed. In the event of technical problems during your session, a back-up plan (e.g., a phone number where you can be reached) will be used to restart the session or to reschedule it.
Telephone-based sessions will involve your clinician contacting you by phone at your scheduled appointment time. We ask you to ensure you are available and can answer the call at the scheduled appointment time.
Virtual and telephone-based sessions are convenient and used when in-person sessions are not possible. Engaging in treatment using virtual care or by telephone encompasses risks that should also be considered. Please note the following rights and risks in using virtual and telephone-based care:
The laws and professional standards that apply to regular mental health services apply to virtual and telephone-based care.
There are exceptions to client confidentiality policies that exist for virtual and telephone-based services. The exceptions are provided in the “Disclosure of Personal Health Information” section below.
You have the right to withdraw your consent at any time. It will not affect your right to further treatment.
Jenny Neil Psychology has the right, at any time, to determine if virtual and/or telephone-based sessions are not appropriate for your care. Should this be determined, you will be suggested alternative ways to continue therapy with alternative service providers.
Despite best efforts to ensure high standards of technology, there is always a risk that services could be disrupted or distorted by unforeseen technical problems.
Consent to the use of virtual and telephone-based sessions indicates your agreement with the following conditions:
(a) Confidentiality still applies for mental health tele-services, and the session will not be recorded by the Clinician or yourself without permission from the other person(s).
(b) It is important to be in a quiet, private space that is free of distractions during the session.
(c) It is important to use a secure internet connection rather than public/free Wi-Fi.
(d) Use of virtual and telephone-based sessions is voluntary. Please advise us if you no longer wish to engage in tele-services and we will discuss alternate options with you at that time.
Disclosure of Personal Health Information
Confidentiality is of the utmost importance. Therefore, the electronic platform, office management system, computer programs, phone services, office space, etc. have been set up to maintain the highest level of confidentiality possible.
Everything that you tell your psychologist is confidential and no information is released without your consent. Exceptions to confidentiality include the following:
a suicidal danger
threats to do serious bodily harm to an individual or group
abuse of a child or an elderly person
abuse by a certified member of a health profession (the name of the client would only be given to the professional’s regulatory body with the client’s consent)
audit by the College of Psychologists and Behavioural Analysts of Ontario (audits are done by psychologists who are bound to confidentiality)
case consultations (without names given) with other professionals of psychology
assessments and reports provided to third paying parties (for example, long-term disability insurance companies), in which case written consent would be requested from the client beforehand to release information
also, records can be subpoenaed by a court order and Jenny Neil Psychology may be required to testify and give information obtained during the course of any assessment and treatment sessions. This information would never be provided voluntarily without your direct request or permission without the court order.
finally, when required to do so under the Missing Persons Act, 2018, the police can require the release of information about a missing person after reasonable efforts have not enabled them to locate the person. Under these circumstances, your psychologist will comply with a Court Order, Search Warrant or Urgent Demand from the police and, as soon as reasonably possible, provide copies of the records or verbal equivalent as specified in the Order or Urgent Demand.
If you are not directly paying for your sessions (whether your place of work or an insurance company is paying), confidentiality is still maintained; however, this third party is entitled to certain information. Be sure to ask your psychologist about the limits of confidentiality in this case.
Retention and Destruction of Personal Information
We need to retain personal health information for some time to ensure that we can answer any questions you might have about the services provided and for our own accountability to external regulatory bodies. However, in order to protect your privacy, we do not want to keep personal information for too long. We keep our client files for at least ten years after your last appointment. We destroy paper files containing personal information by shredding. We destroy electronic information by deleting it and, when the hardware is discarded, we ensure that the hard drive is physically destroyed or the data is erased or overwritten in a manner that the information cannot be recovered.
Access to Your Personal Health Information & Requests for Correction
With a few exceptions, you have the right to access or amend your personal health information. This means that you may request to read clinical notes in your file, ask for corrections to be made to factual information, and for a copy of your health information.
In these cases, your clinician will review the clinical notes with you and can help you understand any information that is not clear (e.g., short-forms, technical terms, etc.). Copies of your file will take time to provide due to the busy nature of our clinic – we will provide an estimate of the timeframe and cost when your request is made.
If we cannot give you access, we will advise you in writing within 30 days if possible, and will outline the reason, as best we can, as to why we cannot give you access.
If there is a Privacy Breach
While we will take precautions to avoid any breach of your privacy, if there is a loss, theft or unauthorized access of your personal health information we will notify you.
Upon learning of a possible or known breach, we will take the following steps:
We will contain the breach to the best of our ability, including by taking the following steps if applicable
Retrieving hard copies of personal health information that have been disclosed
Ensuring no copies have been made
Taking steps to prevent unauthorized access to electronic information (e.g., change passwords, restrict access, temporarily shut down system)
We will notify affected individuals
We will provide our contact information in case the individual has further questions
We will provide the Commissioner’s contact information and advise the affected individual of their right to complain to the Commissioner
We will investigate and remediate the problem, by:
Conducting an internal investigation
Determining what steps should be taken to prevent future breaches (e.g. changes to policies, additional safeguards)
Ensuring up-to-date training and conduct further training if required
Depending on the circumstances of the breach, we may notify and work with the Information and Privacy Commissioner of Ontario.
Do You Have Questions or Concerns?
Jenny Neil Psychology’s Privacy Officer, Jenny Neil, will answer any questions or concerns you may have regarding privacy practices or limits of confidentiality. If you have a concern about these privacy policies or have a complaint about how your privacy has been handled, please speak to us.
Email: info@jennyneilpsychology.com
Phone: (343) 308-0545
If you have a concern about the professionalism or competence of our services, we would ask you to discuss these concerns with us. However, if we cannot satisfy your concerns, you are entitled to contact the regulatory body that oversees our practice, the College of Psychologists and Behaviour Analysts of Ontario. The College is the regulatory body responsible for protecting the public by ensuring that psychologists practice safely, competently, and ethically.
The College of Psychologists and Behaviour Analysts of Ontario
110 Eglinton Avenue West, Suite 500
Toronto, ON. M4R 1A3
Phone: (416) 961-8817 | Fax (416) 961-2635
https://cpbao.ca
For more general inquiries, the Information and Privacy Commissioner of Ontario oversees the administration of the privacy legislation. The Commissioner also acts as a kind of ombudsperson for privacy disputes. The Information and Privacy Commissioner can be reached at:
Information and Privacy Commissioner of Ontario
2 Bloor Street East, Suite 1400, Toronto, Ontario, M4W 1A8
Phone: (416) 326-3333 or 1-800-387-0073
www.ipc.on.ca