Law / Canada / New Brunswick
Personal Health Information Privacy and Access Act, access to and correction of personal health information
S.N.B. 2009, c. P-7.05, ss. 7, 10, 12-13, 15
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights
As of .
What it requires
- These duties bind a custodian.
- On an individual's request, let the individual examine or receive a copy of his or her personal health information, subject to the Act (s. 7 (1)).
- Respond no later than 30 business days after receiving the request unless the time limit is extended or the request is transferred; a failure to respond within that time is treated as a refusal (s. 10 (1)-(2)).
- If you maintain the information in electronic form, produce a record in a form the individual can use if you can do so with your normal computer hardware and software and technical expertise (s. 10 (5)).
- Be satisfied as to the identity of the requester before permitting information to be examined or copied, and take reasonable steps to ensure the information is received only by the individual it is intended for (s. 12).
- Permit an individual to examine a record free of charge; any fee for search, preparation, copying and delivery must be fair and reasonable and fixed under the regulations (s. 13 (1)).
- Within 30 business days of a request to correct information, make the correction, say that the information no longer exists or cannot be found, transfer the request, or refuse in writing with the reason and notice of the individual's right to add a statement of disagreement and to complain; do not charge a fee for a correction request (s. 15 (3), (8)).
These lines are LexLint's reading of the law's text, as of .
What this law does
An individual has a right, on request and subject to the Act, to examine or receive a copy of his or her personal health information maintained by a custodian. A custodian shall respond to a request as promptly as required in the circumstances, but no later than 30 business days after receiving it, unless the time limit is extended or the request is transferred to another custodian.
The failure of a custodian to respond within 30 business days is treated as a decision to refuse to permit the personal health information to be examined or copied. If personal health information is maintained in electronic form, the custodian shall produce a record of it in a form usable by the individual if it can be produced using the custodian's normal computer hardware and software and technical expertise.
A custodian shall not permit information to be examined or copied without being satisfied as to the identity of the individual making the request, and shall take reasonable steps to ensure that information intended for an individual is received only by that individual. A custodian shall permit an individual to examine a record free of charge and may, in accordance with the regulations, require a fair and reasonable fee for search, preparation, copying and delivery services.
For purposes of accuracy or completeness, an individual may make a request to correct any personal health information that the individual may examine and copy. Within 30 business days after receiving a request to correct, the custodian shall make the correction, say that the information no longer exists or cannot be found, transfer the request or refuse in writing, giving the reason and the individual's right to add a statement of disagreement and to complain.
A custodian shall not charge a fee in connection with a request for a correction. The Act was proclaimed and came into force on .
When LexLint raises it
When your app profile says your app handles health records.