Glossary of Consent Terms

General Terms

Protected Health Information (PHI)

HIPAA definition: PHI is individually identifiable health information that is transmitted by, or maintained in, electronic media or any other form or medium. This information must relate to 1) the past, present, or future physical or mental health, or condition of an individual; 2) provision of health care to an individual; or 3) payment for the provision of health care to an individual. If the information identifies or provides a reasonable basis to believe it can be used to identify an individual, it is considered individually identifiable health information.

Definitions from ISO/IEC WD 29101.2

Deemed consent

In the context of a statutory requirement, means that it does not matter whether the patient/person has actually consented; the law permits organizations to act as if the patient/person has consented; there is no right to withdraw or withhold consent.

Express consent

A voluntary agreement with what is being done or proposed that is unequivocal and does not require any inference on the part of the organization seeking consent.

Implied consent

A voluntary agreement with what is being done or proposed that can be reasonably determined through the actions or inactions of the patient/person.

Masking

Description of the process of restricting an access to or transfer of PII. NOTE: Typically, masking is applied at the data source and may be overridden, as permitted by law, by the accessing custodian (e.g. in emergency health situations).

No consent

In the context of a statutory requirement, means that consent is not required for a particular purpose.

Substitute Decision Maker (SDM)

In relation to a patient/person, means, unless the context requires otherwise, a person who is authorized under legislation to consent on behalf of the patient/person to the collection, use or disclosure of personally identifiable information about the patient/person.

• Canadian References

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