Law / Canada / Newfoundland and Labrador
Personal Health Information Act, disclosure of personal health information outside the province
S.N.L. 2008, c. P-7.01, ss. 13 (2) (c), 47
In force since .
A cross border transfer rule binding public and private bodies.
- Obligation class
- Transfer
As of .
What it requires
- Disclose personal health information collected in the province to a person outside the province only with the individual's consent or in one of the other cases section 47(1) lists: the Act or regulations permit it, the recipient performs similar functions to a person the Act lets you disclose to in the province, health planning or administration for a resident of another province or territory disclosed to that government, reasonable necessity for health care absent an express instruction not to, or payment administration and contractual or legal requirements (s. 47(1)).
- Where the individual's express request keeps you from disclosing everything you consider reasonably necessary for health care, tell the recipient so (s. 47(2)).
- Include in your information policies and procedures measures that protect the confidentiality of personal health information stored or used in a jurisdiction outside the province or disclosed to a person in another jurisdiction (s. 13(2)(c)).
These lines are LexLint's reading of the law's text, as of .
What this law does
A custodian may disclose personal health information collected in the province to a person outside the province only where the individual consents, the disclosure is permitted by the Act or the regulations, the recipient performs functions similar to those of a person to whom the Act would permit disclosure in the province, the disclosure is for health planning or health administration about care given in the province to a resident of another province or territory and is made to that government, the disclosure is reasonably necessary for the provision of health care and the individual has not expressly instructed otherwise, or the disclosure is reasonably necessary for the administration of payments or for contractual or legal requirements.
A custodian's information policies and procedures must protect the confidentiality of personal health information that will be stored or used in a jurisdiction outside the province or disclosed to a person in another jurisdiction. Where an express request of the individual prevents a custodian from disclosing all the information it considers reasonably necessary for the provision of health care, the custodian must notify the person to whom it makes the disclosure of that fact.
When LexLint raises it
When your app profile says your app handles health records.