Law / Canada / Saskatchewan
Health Information Protection Act, individual rights of information, access and amendment
S.S. 1999, c. H-0.021, ss. 8-10, 12-13, 32-40
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights, Disclosure
- Audit expectation
- on_request
- Who audits it
- Regulator
As of .
What it requires
- Take reasonable steps to inform an individual of the anticipated uses and disclosures of the information when you collect personal health information from that individual, and establish policies and procedures that promote awareness of the individual’s rights of access and amendment (s. 9(2), (3)).
- Take reasonable steps to be able to tell an individual about any disclosure of the individual’s personal health information made without consent (s. 10(1)).
- Respond to a written request for access within 30 days by making the information available, saying that it does not exist or cannot be found, refusing in whole or in part with reasons and notice of the right to a review, or transferring the request to another trustee (s. 36(1)).
- Charge no more than a reasonable fee, not exceeding the prescribed amount, for access to a record (s. 39).
- On a request to amend personal health information, advise the individual in writing within 30 days that the amendment or a notation has been made, and where practicable notify any trustee or person to whom the information was disclosed in the previous year (s. 40(3), (4)).
These lines are LexLint's reading of the law's text, as of .
What this law does
An individual has the right to be informed about the anticipated uses and disclosures of the individual’s personal health information. A trustee must take reasonable steps to ensure that it is able to inform an individual about any disclosures of the individual’s personal health information made without consent after that section came into force. An individual has the right to prevent access to a comprehensive health record of that individual’s personal health information.
Within 30 days after receiving a written request for access, a trustee must respond by making the information available, by informing the applicant that it does not exist or cannot be found, by refusing the request in whole or in part with reasons and notice of the right to a review, or by transferring the request to another trustee.
A trustee may charge a reasonable fee not exceeding the prescribed amount to recover costs incurred in providing access to a record containing personal health information. Within 30 days after a request for amendment is received, the trustee must advise the individual in writing that the amendment has been made or that a notation has been made. The Act is effective , except for subsections 17(1), 18(2) and 18(4), which are effective .
When LexLint raises it
When your app profile says your app handles health records.