Law / Canada / Newfoundland and Labrador
Personal Health Information Act, review by the commissioner, offences and protection from retaliation
S.N.L. 2008, c. P-7.01, ss. 65-66, 69, 74, 88-89
In force since .
An enforcement supervision rule binding public and private bodies.
- Obligation class
- Governance, Reporting
As of .
What it requires
- Within 15 days after receiving a report of the commissioner that contains a recommendation, decide whether to comply and give the commissioner and the complainant written notice of your decision; silence is treated as a refusal to comply (s. 74(1), (3)).
- Produce to the commissioner a copy of a book, record or document relevant to a review that the commissioner demands in writing, and let the commissioner inquire into your information, records and information practices relevant to the review (s. 69(1)-(3)).
- Do not make a false statement to, mislead or obstruct the commissioner, and do not destroy or erase personal health information with the intent to evade a request for access (s. 88(1)(b)-(d)).
- Do not dismiss, suspend, discipline, demote, harass or otherwise disadvantage or penalize an individual who has, in good faith and on reasonable belief, reported to the commissioner a contravention or refused to act in contravention of the Act (s. 89).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 88(1) makes it an offence wilfully to obtain or attempt to obtain another individual's personal health information by falsely representing an entitlement, to make a false statement to or mislead or obstruct the commissioner, or to destroy or erase personal health information with the intent to evade an access request.
Penalty structure
Section 88(1) sets a fine of not more than $10,000 or imprisonment for a term not exceeding 6 months, or both, on summary conviction.
- Rule
- Fixed only
- As of
- Currency
- CAD
- Fixed cap
- 10,000
Who enforces it
Enforcement body
Information and Privacy Commissioner appointed under the Access to Information and Protection of Privacy Act, 2015
What this law does
Where a custodian has refused a request for access or correction, the affected individual may file a complaint with the commissioner within 60 days of notice of the refusal or of the deemed refusal.
An individual who believes on reasonable grounds that a custodian has contravened or is about to contravene the Act or the regulations in respect of personal health information may file a complaint with the commissioner within one year after the subject-matter first came to the individual's attention.
In conducting a review the commissioner may demand from the custodian a copy of a record relevant to the review and inquire into all information, records and information practices of the custodian that are relevant to it. Within 15 days after receiving a report of the commissioner that contains a recommendation, the custodian must decide whether to comply and give written notice of its decision to the commissioner and the complainant.
A person who wilfully obtains or attempts to obtain another individual's personal health information by falsely representing that the person is entitled to it, makes a false statement to or obstructs the commissioner, or destroys or erases personal health information with the intent to evade a request for access is guilty of an offence and liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term not exceeding 6 months, or to both.
A person may not dismiss, suspend, discipline, demote, harass or otherwise disadvantage or penalize an individual who, in good faith and on reasonable belief, has disclosed to the commissioner that another person has contravened or is about to contravene the Act or the regulations.
When LexLint raises it
When your app profile says your app handles health records.