That's what I said I think.. the law is about making it exist and the standard for being allowed to make it is dictated by the REB - so that's a moving target, you can't say specifically what would be allowed today will be allowed 5 years from now.
There are easier non-REB exceptions to consent that can facilitate deidentification and subsequent use that are commonly used:
PHIPA sets out a limited set of acceptable uses of personal health information without consent, including, for example, the following purposes:
• planning or delivering programs or services
• risk management, error management or activities to improve or maintain the quality of care or any related program or service
• educating agents to provide health care
These are just standard legislative exceptions saying "you can use the data you have to run the operation without fear of getting in trouble" not publication rules.
ETA: You obviously know about the legislation, if you know of instances of orgs using these rules to publish data.. blow that damn whistle!
Some institutions and systems have internal policies that add exceed PHIPA. For example ConnectingOntario which is the closest thing to a provincial EMR only allows access for direct patient care (i.e. not even REB approved research). Some academic hospitals also add approval requirements for the disclosure of deid data to other institutions or on credentialed access repositories.
I started my medical career in Ontario and this is done all the time for things like publishing case reports, online (or non-institutional) lectures and case banks (e.g. on the publicly accessible Radiopaedia).
Not sure what you mean by whistleblowing, this is completely legal in both Ontario and the US and in my opinion entirely ethical (for the most part).
I’m not saying it’s a good idea or ethical to use these exceptions to consent for posting marketing materials on TikTok. The CPSO which regulates physicians may still find the action unprofessional/unethical for reasons not related to violating the law, but their standard is different (“behavior unbecoming of the profession” and “behavior that degrades patient trust in the practice of physicians”).
On a side note I think I’m getting old but what does “ETA” mean (other than estimated time to arrival)?
Thank you for the information.