Law / Canada / New Brunswick

Personal Health Information Privacy and Access Act, record of disclosures without consent

S.N.B. 2009, c. P-7.05, s. 46

In force since .

A sensitive categories rule binding public and private bodies.

Obligation class
Governance, Disclosure
Audit expectation
none

As of .

What it requires

  • These duties bind a custodian.
  • If you disclose personal health information without consent for health related purposes, make a note of the name of the person to whom you disclose it, the date and purpose of the disclosure and a description of the information disclosed (s. 46 (1)).
  • You need not make the note if you disclose by permitting access to the information stored in your information system and the database automatically keeps an electronic log of the user identification of the person who accesses the information, the date and time it is accessed and a description of the information accessed or that could have been accessed (s. 46 (2)).

These lines are LexLint's reading of the law's text, as of .

What it makes you log

What the log must hold

Actor identity, Event time, Access record

Logging duty

Section 46 (1) requires a custodian that discloses personal health information without consent for health related purposes to make a note of the recipient's name, the date and purpose of the disclosure and a description of the information. Section 46 (2) replaces the note where the custodian discloses by permitting access to its information system and the database automatically keeps an electronic log of the user identification, the date and time of access and a description of the information accessed or that could have been accessed. The recipient's name and the user identification are coded as the actor, the date and the date and time as the event time, and the description as the access record; the purpose has no value in the list. The section names no period for keeping the note or the log and no one entitled to inspect it, so retention and access are empty. The Ombud's powers over a custodian's records sit in sections 65.1 and 71, which a sibling row cites, and this row does not borrow them. The section has no territorial clause, so the hook is empty.

Kind
Explicit
As of
Provision
S.N.B. 2009, c. P-7.05, s. 46 (1) (a note of each disclosure without consent) and s. 46 (2) (an automatic electronic log of access in place of the note)
Trigger
personal_data_processing

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

A custodian that discloses personal health information without consent for health related purposes must make a note of the name of the person to whom it discloses the information, the date and purpose of the disclosure and a description of the information disclosed.

The note is not required if the custodian discloses the information by permitting access to the information stored in its information system and the database automatically keeps an electronic log of the user identification of the person who accesses the information, the date and time it is accessed and a description of the information that is accessed or that could have been accessed. The Act was proclaimed and came into force on .

When LexLint raises it

When your app profile says your app handles health records.

Back to the example  ·  Lint your app