Privacy of personal information is a top priority. We are committed to collecting, using and disclosing personal information responsibly and only to the extent necessary for the psychological services we provide. We try to be open and transparent about how we handle personal information. This document describes our privacy policies.

What is Personal Health Information?

Personal information is information about an identifiable individual. It includes information that relates to an individual’s personal characteristics (e.g., gender, age, income, home address or phone number, ethnic background, family status); health (discussed more below); or activities and views (e.g., religion, politics, opinions expressed by an individual, an opinion or evaluation of an individual). Personal information is different from business information (e.g., an individual’s business address and telephone number). Personal information, including personal health information, is protected by privacy legislation; specifically, by the Personal Health Information Protection Act (PHIPA), in Ontario, and the Personal Information Protection and Electronic Documents Act, (PIPEDA), throughout the rest of Canada. Business information is not protected by privacy legislation. Personal health information includes information that relates to:

• The physical or mental health of the individual (including family health history);

• the provision of health care to the individual (including identifying the individual’s health care provider);

• a plan of service under the Home Care and Community Services Act, 1994;

• payments or eligibility for health care or coverage for health care;

• the donation or testing of an individual’s body part or bodily substance;

• the individual’s health number; or

• the identification of the individual’s substitute decision-maker.

Who We Are

Dr. Lee Unger, Psychologist, is the sole owner of the private practice, which delivers psychological services (e.g., psychological assessment, diagnosis, and psychotherapy).

Why We Collect Personal Health Information

We collect, use, and disclose personal information in order to serve our clients. For our clients, the primary purpose for collecting personal health information is to provide appropriate and competent psychological services. 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 then to provide the health care (e.g., psychotherapy) they choose. In addition, we may also use your information for the purposes of preventing harm to you or others (e.g., reaching an emergency contact). 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 are occurring over time.

We also collect, use, and disclose personal health information for related and secondary purposes. The most common examples are:

Related Purpose #1: To obtain payment for services or goods provided. Payment may be obtained from the individual, the Workplace Safety and Insurance Board (WSIB), the Non-Insured Health Benefit for First Nations and Inuit (NIHB), private insurers (e.g., Manulife, Sun Life), or others. In addition, we may be contacted by a private insurer to confirm the services (e.g., dates of service) for which a client has submitted a claim.

Related Purpose #2: To conduct quality improvement and risk management activities. External consultants (e.g., auditors, lawyers, practice consultants, voluntary accreditation programs) may conduct audits and quality improvement reviews on our behalf.

Related Purpose #3: To promote our clinic, new services, special events and opportunities (e.g., a seminar or conference) that we have available. We will always obtain express consent from the client prior to collecting or handling personal health information for this purpose.

Related Purpose #4: To comply with external regulators. We are regulated by the College of Psychologists and Behaviour Analysts of Ontario (CPBAO), who may inspect our records and interview us as part of its regulatory activities in the public interest. The CPBAO has its own strict confidentiality and privacy obligations. In addition, as professionals, we will report serious misconduct, incompetence, or incapacity of other practitioners, whether they belong to other organizations or our own. Also, our organization believes that it should report information suggesting illegal behaviour to the authorities. In addition, we may be required by law to disclose personal health information to various government agencies (e.g., Ministry of Health, children’s aid societies, Canada Customs and Revenue Agency, Information and Privacy Commissioner, etc.).

Related Purpose #5: To educate any staff or students that become involved with our organization. We value the education and development of future and current professionals. We will review clinical records in order to educate our staff and students about the provision of health care.

Related Purpose #6: To fundraise for the operations of our organization, with the express or implied consent of our clients. If we rely on implied consent, we will only use the client’s name and address, will provide clients with an easy opt-out option, and will not reveal anything about our client’s health in the request.

Related Purpose #7: To facilitate the sale of our organization. If the organization or its assets were to be sold, the potential purchaser would want to conduct a “due diligence” review of the organization’s records to ensure that it is a viable business that has been honestly portrayed. The potential purchaser must first enter into an agreement with the organization to keep the information confidential and secure and not to retain any of the information longer than necessary to conduct the due diligence. Once a sale has been finalized, the organization may transfer records to the purchaser, but it will make reasonable efforts to provide notice to the individual before doing so.

We will collect personal information directly from you, except when you have provided express consent for me to collect such information from others (e.g., spouse, employer). An exception to this is if there is already implied consent (i.e., the client does not have to give their expressed consent) to collect information, which is assumed to be the case when, for example, one health care practitioner contacts another health care practitioner for the purposes of providing care to a shared client (e.g., contacting a client’s psychiatrist to discuss a recent assessment). There are provisions for implied consent, and more information can be found here. Please note that in the case of implied consent, clients have the right to expressly withhold or withdraw consent to the collection, use or disclosure of their personal health information, unless such collection, use of discloser is permitted or required by PHIPA to be made without consent.

Limits of Confidentiality

With few exceptions, your personal health information will not be disclosed to people outside of our practice without your knowledge and express consent. The exceptions are as follows:

• Where the practitioner believes on reasonable grounds that the disclosure is necessary to either eliminate or significantly reduce imminent risk of serious bodily harm (physical and/or psychological) to the client or anyone else. In such situations, there may be a professional and legal duty to warn the intended victim, contact relevant authorities (e.g., police), your emergency contact or other family member or close other, and/or inform a physician who is involved in the care of the client. These actions are all for the purpose of ensuring you and others are protected/safe.

• Where the practitioner has reasonable grounds to suspect that a child is in need of protection from harm (e.g., physical abuse, neglect, sexual abuse) by a person having charge of the child

• Where the practitioner has reasonable grounds to suspect harm (e.g., physical abuse, neglect, sexual abuse) toward a resident of a Long Term Care Facility.

• Where the practitioner has reasonable grounds to suspect that another regulated health care practitioner has abused a client. In such situations, there may be a professional and legal duty to report this health professional’s name and information related to the abuse to the appropriate regulatory body.

• Where necessary for particular legal proceedings (e.g., we are subpoenaed by the court)

• To facilitate an investigation or inspection, if authorized by warrant or any provincial or federal law (e.g., criminal investigation against a psychologist, their staff, or a client)

• Where necessary to satisfy the College of Psychologists and Behaviour Analysts of Ontario for the purpose of administration and enforcement of the Regulated Health Professions Act, 1991.

Protecting Personal Information

We understand the importance of protecting personal information. For that reason, we have taken the following steps:

• Electronic information may be stored by OWL Practice, a Toronto-based company that operates within Ontario’s privacy legislation, or on encrypted computers.

• 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.

• Personal health information is only stored on mobile devices if necessary. All personal health information stored on mobile devices is protected by strong encryption.

• We try to avoid taking personal health information home to work on. 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.

• Electronic information is either anonymized or encrypted before being transmitted.

• Any other staff members that become part of our organization will be trained to collect, use and disclose personal information only as necessary to fulfill their duties and in accordance with our privacy policy.

• We do not post any information about our clients on social media sites and any future staff members are trained on the appropriate use of social media sites.

• External consultants and agencies with access to personal information must enter into privacy agreements with me.

Retention and Destruction of Personal Information

By law and in accordance with professional standards, we are required to keep a record of our contact with, and services to, you. Your record includes information that you have provided to us or have authorized us to receive, including but not limited to consent forms, session notes, results of any assessments, billing information, contact records, and correspondence that we have sent or received relating to your service (e.g., emails, faxes, secure messages, phone calls and text messages). The physical and electronic records are the property of our practice. However, you have rights regarding accessing this information.

If you contact us through our website, we only retain the personal information you provide and only use that information for the purpose for which you provided it (e.g., to respond to your request for a consultation).

We need to retain personal 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 from the date of the last client interaction or from the date the client turns 18.

We destroy paper files containing personal health information by cross-cut shredding. We destroy electronic information by deleting it in a manner that it cannot be restored. When hardware is discarded, we ensure that the hardware is physically destroyed or the data is erased or overwritten in a manner that the information cannot be recovered.

You Can Look at Your Records

With only a few exceptions, you have the right to see what personal information we hold about you, by contacting us. We can help you identify what records we might have about you. We will also try to help you understand any information you do not understand (e.g., short forms, technical language). We will need to confirm your identity, if we do not know you, before providing you with this access. We reserve the right to charge a nominal fee to cover our time for such requests.

We may ask you to put your request in writing. We will respond to your request as soon as possible and generally within 30 days. If we cannot give you access, we will tell you the reason, as best we can, as to why.

If you believe there is a mistake in the information, you have the right to ask for it to be corrected. This applies to factual information and not to any professional opinions we may have formed. We may ask you to provide documentation that our files are wrong. Where we agree that we made a mistake, we will make the correction. At your request and where it is reasonably possible, we will notify anyone to whom we sent this information (but we may deny your request if it would not reasonably have an effect on the ongoing provision of health care). If we do not agree that we have made a mistake, we will still agree to include in our file a brief statement from you on the point.

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; and

  • Taking steps to prevent unauthorized access to electronic information (e.g., change passwords, restrict access, temporarily shut down systems)

• We will notify affected individuals by providing:

  • Our contact information in case the individual has further questions; and

  • 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); and

  • Ensuring any staff is appropriately trained 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. If we take disciplinary action against one of our practitioners (or revoke or restrict privileges or affiliation of one of our practitioners) for a privacy breach, we are required to report that to the practitioner’s regulatory College. We may also report the breach to the relevant regulatory College if we believe that it was the result of professional misconduct, incompetence, or incapacity.

Using “E-Therapy” Services

We offer psychological services via videoconference software (Zoom) and telephone. It is our intention to offer in-person services again in the near future. We will work with you to discuss which service medium(s) may be appropriate for your care. The medium of care can change during the course of treatment (e.g., you move and are now able/unable to attend services in person, you require a level of care that may not be appropriate for virtual services). We will communicate to you if we believe you would benefit from a different medium of care.

We use Zoom Pro (“Zoom”) videoconferencing software. Zoom is considered to be a secure form of communication and is compliant with Canadian Privacy Laws (e.g., PHIPA, PIPEDA). In addition, we use an end-to-end encryption Zoom setting that adds an extra layer of security during sessions. The link to the Zoom sessions will be provided to you. It will be the same link each session. We recommend that you test your video and audio settings prior to the start of the session, and to contact Zoom’s technical support if needed. If technical difficulties arise during the session, the phone (with your consent) will be used as a backup option to continue the session. If your clinician recommends a different video software system option, the benefits and risks will be discussed before the software is used for the session.

Telephone is another option for “E-Therapy” services. Unlike Zoom, the telephone is not considered a secure form of communication. Although the likelihood of the call being “compromised” (e.g., intercepted by a third party) is quite low, there are still inherent risks in using the phone to discuss personal health information.

Electronic Communication of Personal Health Information

Dr. Lee Unger, Psychologist, offers email communication as a method of contact between you and our clinic. Email can be used for various purposes, including but not limited to:

• Requesting a consultation or other information (e.g., under the “Contact Me” section of our website);

• Providing appointment confirmations and reminders;

• Discussing appointment bookings and cancellations;

• Sending invoices for services rendered; and

• Sending “home practice” assignments to complete between sessions.

Email is convenient and efficient. However, email is not recognized as a secure form of communication and has some risks. These risks include, but are not limited to:

• Emails possibly being forwarded, printed and stored in paper and electronic forms and being received by unintended recipients;

• Emails possibly being sent to the wrong address by any sender or receiver;

• Email service providers storing and inspecting emails;

• Copies of emails potentially existing even after the sender or receiver has deleted his/her/their copy;

• Emails possibly being intercepted, altered, or used without detection or authorization;

• Emails possibly being forged;

• Emails possibly spreading computer viruses; and

• Emails possibly not being delivered

We will use reasonable means to protect the security and confidentiality of email information sent and received. However, given the risks outlined above, we cannot guarantee the security and confidentiality of e-mail communication.

If you consent to the use of email, you are also consenting to the following conditions:

• Email is completely voluntary, and you can revoke your consent at any time;

• Emails containing clinically relevant information will become part of your clinical record, and thus be viewable to anyone who is authorized to access said record;

• While we try our best to respond to emails within 24-business-hours, we cannot guarantee a certain response time; and

• If you have not received a response to your email, it is your responsibility to follow-up to make sure we received it.

Please note that we use a Google Workspace account (i.e., @drleeunger.ca email addresses) that is compliant with Canadian Privacy laws (e.g., PHIPA, PIPEDA). That means that information that is stored in our account (e.g., an email in our inbox) or in transit (e.g., an email that is in the process of being delivered to you) is secure and encrypted. However, such security and encryption may not extend to your email provider (e.g., once an email from us ends up in your inbox). You are responsible for the safety and security of your email, including but not limited to the information stored in your account.

Text messaging (“texts”) is another electronic communication option. While texts are not compliant with Canadian Privacy Laws (e.g., PHIPA, PIPEDA), they can be secure forms of communication (e.g., iMessage and WhatsApp use end-to-end encryption). As a result, care should be taken when using texts as a method of communication with our clinic. If you do send us a text message, we kindly ask that you restrict its use to those mentioned above regarding emails. The risks mentioned above regarding emails also apply to texts.

Website Disclaimer

The content of this website is provided for information purposes only and should at no time be interpreted as clinical advice. The information on this website is not intended to replace or substitute in any way for the advice of a Psychologist or other clinician familiar with the specific facts relating to your particular circumstances. The information contained here is of a general nature. You should not act or fail to act based on something read on this website. Reviewing our website should not be viewed as having sought professional advice. While the content of this website may provide some general information, please seek professional clinical advice for any specific questions about your heath care. Contacting us for a consultation and/or for any other matters, as well as engaging in said consultation, does not mean that we are agreeing to provide you with psychological services (i.e., that Dr. Unger is your Psychologist with related responsibilities for your health care).

Links To Other Websites

Our website contains links to third-party websites that may have different privacy policies. Please refer to the privacy policies of the respective websites for more information about them. We bear no responsibility or liability for the privacy of these websites. In addition, we assume no responsibility for the accuracy or appropriateness of the information contained in sites independently developed by parties other than us. Any mention of another party or its products or services on this website should not be construed as an endorsement of that party or its products or services. If you decide to access linked third party websites, you do so at your own risk.

Communicating With Us Through Our Website

Our website offers four forms of communication: “Email Me”, “Secure Message Me”, “Call Me” and a fax option. The “Email Me” option has the same limitations of email, as presented above in the “Electronic Communication of Personal Health Information” section of this policy.

The “Secure Message Me” option involves completing a Google Form, which is linked to our email address (lee@drleeunger.ca). Unlike email, this Form is a secure and encrypted form of communication that abides by Canadian Privacy Laws (e.g., PHIPA and PIPEDA). Information submitted using this Form is automatically transferred onto a secure spreadsheet (similar to an Excel spreadsheet) for our viewing. Secure messages containing personal health information may become part of your clinical record.

The “Call Me” option is similar to email, which means it is not considered a secure form of communication. Although the likelihood of the call being “compromised” (e.g., intercepted by a third party) is quite low, there are still inherent risks in using the phone to discuss personal health information.

Fax is another secure option of communication that is compliant with Canadian Privacy Laws. Our clinic uses SRFax, which is an electronic fax service (i.e., faxes we send and received are electronic documents).

Use of Website “Cookies”

“Cookies” are small text files placed on your computer that store information about your interactions with websites you visit. There are different types of cookies, including a “temporary” or “session” cookies, which delete as soon as you close your browser window, and “permanent” or “persistent” cookies, which are stored on the hard drive of your computer. Cookies can help websites function properly and efficiently, to provide us with analytical information (e.g., how many people visited our website, which pages people visit most often, which general areas in which visitors are found), and enable the display of relevant advertisements when you move from website to website. These cookies enable our system to recognize your computer and collect non-personal information about you. Such information may include: the browser used to access the internet, the type of operating system your computer uses, and the domain of your Internet Service Provider. Cookies are anonymous, meaning that we do not know the name, e-mail address, telephone number, or home address of anyone who visits our website. We do not sell or rent any information that we gather through the use of cookies.

Our website uses three general types of cookies: Necessary, Performance and Analytics, and Advertising cookies. Necessary cookies are required to enable core site functionality and to remember user preferences and choices (e.g., language preferences). Necessary cookies have to be enabled for you to use our website.

Performance and Analytics cookies provide quantitative measures of website visitors (e.g., count website visits and traffic sources to improve website performance). Performance cookies can be turned off, if you so choose.

Advertising cookies are used by advertising companies to serve ads that are relevant to your interests. Advertising cookies can be turned off, if you so choose.

Our website uses Squarespace as a web host. More information about the cookies they use can be found here.

Do You Have Any Questions or Concerns?

We encourage you to contact us if you have any questions about our privacy policies and procedures:

Dr. Lee Unger, CPsych
203A-9350 Yonge St
Richmond Hill, Ontario, L4C 5G2
Telephone: 416-859-8416
Fax: 905-209-6832
Email: lee@drleeunger.ca

We will attempt to answer any questions or concerns you might have.

If you wish to make a formal complaint about our privacy practices, you may make it in writing to Dr. Unger. We will acknowledge receipt of your complaint, and ensure that it is investigated promptly and that you are provided with a formal decision and reasons in writing.

You also have the right to complain to the Information and Privacy Commissioner of Ontario if you have concerns about our privacy practices or how your personal health information has been handled, by contacting:

Information and Privacy Commissioner/Ontario
1400-2 Bloor Street East
Toronto, Ontario, M4W 1A8
Telephone (Toronto Area): 416-326-3333;
Telephone (Long Distance): 1-800-387-0073 (within Ontario)
TDD:TTY: 416-325-7539
Fax: 416-325-9195
www.ipc.on.ca

If you have concerns about the professionalism or competence of our services, or the mental or physical capacity of our staff, we would ask that you discuss those concerns with us. However, if we cannot satisfy your concerns, you have the right to complain to the CPBAO:

College of Psychologists and Behaviour Analysts of Ontario
500-110 Eglinton Ave West
Toronto, Ontario, M4R 1A3
Telephone: 416-961-8811
www.cpbao.ca

These privacy policies and procedures have been developed in accordance with the laws of Ontario (e.g., PHIPA) and Canada (e.g., PIPEDA), as well as professional regulations and ethical standards. These laws, regulations, and standards can be complex, and they can provide some additional exceptions to the privacy principles that are too detailed to set out here.