Personal Health Information Act, access to and correction of personal health information
In force since .
A data subject rights rule binding public and private bodies.
- Enforcement body
- Ombudsman of Manitoba
- Obligation class
- Data subject rights
As of .
What it requires
- If you are a trustee, on request let an individual examine and receive a copy of their personal health information that you maintain, subject to the refusal grounds in section 11 (s. 5(1)).
- Respond as promptly as the circumstances require and no later than 24 hours for a hospital in-patient's current care, 72 hours for current care of a person who is not a hospital in-patient, and 30 days in any other case; a late response counts as a refusal (s. 6).
- Make every reasonable effort to assist the individual and to respond without delay, openly, accurately and completely, and give a written response if the information does not exist or cannot be found or the request is refused, stating the reason (ss. 6(2), 7).
- Take reasonable steps, in accordance with the regulations, to tell individuals about their right of access and how to exercise it (s. 9.1).
- On a written request to correct personal health information for accuracy or completeness, respond within 30 days by adding the correcting information to the record, saying the information no longer exists or is held by another trustee, or refusing in writing with reasons and the right to file a statement of disagreement (s. 12).
These lines are LexLint's reading of the law's text, as of .
What this law does
An individual has a right, on request, to examine and receive a copy of their personal health information maintained by a trustee.
A trustee must respond as promptly as required in the circumstances and not later than 24 hours after receiving the request if the trustee is a hospital and the information is about health care currently being provided to an in-patient, 72 hours if the trustee is currently providing health care to a person who is not a hospital in-patient, and 30 days in any other case. A trustee's failure to respond within that time is treated as a decision to refuse the request.
In responding, a trustee must make the information available for examination and provide a copy if requested, inform the individual in writing if the information does not exist or cannot be found, or inform the individual in writing that the request is refused for a reason described in section 11. A trustee must take reasonable steps to inform individuals of their right to examine and receive a copy of their personal health information and how to exercise it.
An individual may request a trustee to correct personal health information for purposes of accuracy or completeness. A trustee must respond to a correction request within 30 days by making the correction, by informing the individual that the information no longer exists or is not maintained by the trustee, or by informing the individual in writing of the refusal and the right to add a statement of disagreement.
When LexLint raises it
When your app profile says your app handles health records.