Law / Canada / Newfoundland and Labrador
Personal Health Information Act, access to and correction of personal health information
S.N.L. 2008, c. P-7.01, ss. 52, 55-56, 60-62
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights
As of .
What it requires
- Respond to a request for access to personal health information without delay and within 60 days of receiving it; you may extend that time by 30 days where meeting it would unreasonably interfere with your operations or the information is in numerous records, but only by giving the individual written notice of the extension with reasons (s. 55).
- Where you grant access, make the record available for examination and, on request, provide a copy and an explanation of any information where one is needed; where the record does not exist or cannot be found, or you refuse access, give written notice with reasons and tell the individual of the right to appeal to the Trial Division or to ask the commissioner for a review (s. 56(1)).
- Accept a request for correction of a record you have given access to, made orally or in writing, and respond within 30 days, a period you may extend by 30 days with written notice and reasons (ss. 60-61).
- Grant a request for correction where the individual demonstrates to your satisfaction that the record is incomplete or inaccurate for the purposes for which you use the information and gives you the information needed to correct it (s. 62(1)(a)).
These lines are LexLint's reading of the law's text, as of .
What this law does
An individual has a right of access to a record containing his or her personal health information that is in the custody or under the control of a custodian. A custodian must respond to a request for access without delay and in any event not more than 60 days after receiving the request.
A custodian may extend that limit for an additional 30 days where meeting it would unreasonably interfere with its operations or the information consists of numerous records, and it must give the individual written notice of the extension with reasons. Where a custodian fails to respond to a request for access within the time allowed, it is considered to have refused the request.
Where a custodian decides to grant access, it must make the record available to the individual for examination and, on request, provide a copy and an explanation where necessary. Where a custodian has granted access and the individual believes the record is inaccurate or incomplete, the individual may request correction, orally or in writing.
A custodian must respond to a request for correction without delay and in any event not more than 30 days after receiving the request, and it may extend that limit for an additional 30 days. The custodian must grant the request for correction where the individual demonstrates to the custodian's satisfaction that the record is incomplete or inaccurate for the purposes for which the custodian uses the information and gives the custodian the information necessary to correct the record.
When LexLint raises it
When your app profile says your app handles health records.