Law / Canada / Nova Scotia
Personal Health Information Act, breach notification
S.N.S. 2010, c. 41, ss. 28(3), 69-70
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://nslegislature.ca/sites/default/files/legc/statutes/personal%20health%20information.pdfIn force since .
A breach notification rule binding public and private bodies.
- Obligation class
- Breach notice, Reporting
As of .
What it requires
- As a custodian, notify the individual at the first reasonable opportunity if you believe on a reasonable basis that their personal health information is stolen, lost or subject to unauthorized access, use, disclosure, copying or modification and there is potential for harm or embarrassment to the individual as a result (s. 69).
- If you decide not to notify the individual because it is unlikely that a breach has occurred or there is no potential for harm or embarrassment, notify the Review Officer as soon as possible (s. 70).
- As an agent of a custodian, notify the custodian at the first reasonable opportunity if personal health information you handle for the custodian is stolen, lost or accessed by unauthorized persons (s. 28(3)).
These lines are LexLint's reading of the law's text, as of .
What this law does
A custodian that has custody or control of personal health information about an individual must notify the individual at the first reasonable opportunity if it believes on a reasonable basis that the information is stolen, lost or subject to unauthorized access, use, disclosure, copying or modification and that there is potential for harm or embarrassment to the individual as a result.
A custodian that decides not to notify the individual because it is unlikely that a breach has occurred, or because there is no potential for harm or embarrassment, must notify the Review Officer as soon as possible. An agent of a custodian must notify the custodian at the first reasonable opportunity if personal health information it handles on the custodian's behalf is stolen, lost or accessed by unauthorized persons.
When LexLint raises it
When your app profile says your app handles health records.