Law / Canada / Prince Edward Island
Health Information Act, notice of stolen, lost or unauthorized access
R.S.P.E.I. 1988, c. H-1.41, s. 36(1)(c), (2)
In 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 to whom the personal health information relates, and the Commissioner, in writing at the first reasonable opportunity if the information is stolen, lost, disposed of except as the Act permits, or disclosed to or accessed by an unauthorized person (s. 36(1)(c)).
- You need not give that notice if you reasonably believe the theft, loss, disposition, disclosure or access will not have an adverse impact on the provision of health care or other benefits to the individual, or on the individual's mental, physical, economic or social well-being (s. 36(2)).
These lines are LexLint's reading of the law's text, as of .
What this law does
A custodian must notify the individual to whom the personal health information relates, and the Commissioner, in writing at the first reasonable opportunity if the information is stolen, lost, disposed of except as permitted by the Act, or disclosed to or accessed by an unauthorized person.
The duty does not apply if the custodian reasonably believes that the theft, loss, disposition, disclosure or access will not have an adverse impact on the provision of health care or other benefits to the individual, or on the individual's mental, physical, economic or social well-being. Section 36 was amended by chapter 47 of the Statutes of Prince Edward Island, 2018. The Act was brought into force on .
When LexLint raises it
When your app profile says your app handles health records.