Common use of CUSTODY AND CONTROL, ACCESS, COLLECTION, USE AND DISCLOSURE Clause in Contracts

CUSTODY AND CONTROL, ACCESS, COLLECTION, USE AND DISCLOSURE. 5.1 Custody and Control of Data (a) Where Access to IHA System is made available to the Physician/Provider , all such Data will be disclosed to the Physician/Provider by IHA pursuant to IHA’s authority to do so under FIPPA and other applicable legislation and where Access to the eHealth Viewer System is made available to the Physician/Provider, all such Data will be disclosed to the Physician/Provider by the respective Data contributor for the eHealth Viewer System with authority to do so under FIPPA, PIPA and other applicable legislation . (b) Data disclosed to the Physician/Provider from an IHA System remains in the Custody and under the Control of IHA and Data disclosed to the Physician/Provider from the eHealth Viewer System remains under the control of the respective contributor of the Data while Custody of the Data is maintained by the Ministry of Health. Data accessed and subsequently collected by the Physician/Provider into any paper or electronic form, will be collected by the Physician/Provider pursuant to the Physician/Provider’s legal authority to collect the Data under PIPA or other applicable legislation, and is deemed thereafter to be in the Custody and Control of the Physician/Provider. The Physician/Provider is then solely and wholly responsible for the privacy and the administrative, technical and physical security of the Data pursuant to, and consistent with, its obligations under PIPA. (c) Where the Physician/Provider discloses Data into an IHA System, all such information will be disclosed to IHA by the Physician/Provider pursuant to the terms and conditions of PIPA or other applicable legislation. Data disclosed into an IHA System in this manner is collected by IHA pursuant to IHA’s legal authority to collect it under the Hospital Act, the Health Authorities Act, FIPPA and other applicable legislation (as amended or replaced from time to time) and is deemed thereafter to be in the Custody and Control of IHA.