Health Information Privacy and Management Act, refusing or withdrawing consent and limited consent
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://laws.yukon.ca/cms/images/LEGISLATION/PRINCIPAL/2013/2013-0016/2013-0016.pdfIn force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights, Consent
- Audit expectation
- none
What it requires
- Honor an individual's withdrawal of consent given by notifying the custodian that has custody or control of the information; it does not reach collection, use or disclosure made before the custodian received the notice (s. 42(1)-(2)).
- Expect the withdrawal to be clear and unambiguous, in writing in English or French, and delivered to the custodian or its agent (O.I.C. 2016/159, s. 20).
- Where an individual refuses or withdraws consent for the purpose of providing health care, inform the individual of the reasonably foreseeable consequences, take reasonable steps to act in accordance with the decision and, on a withdrawal and on request, make reasonable efforts to tell the individual who received the information during the previous year (s. 43(1)).
- If you refuse to comply because compliance is likely to endanger the individual's health or safety, tell the individual as soon as reasonably possible, on request make reasonable efforts to identify the recipients from the previous year, provide any prescribed information, and tell the individual of the right to complain to the commissioner (s. 43(2)-(3); O.I.C. 2016/159, s. 18).
- When you disclose with consent to another custodian for health care but lack consent to disclose all the information you consider reasonably necessary, notify the other custodian of that fact (s. 44).
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Sections 42 to 44 and sections 18 and 20 of the Health Information General Regulation give an individual a way to refuse or withdraw consent and set the custodian's duties to inform, comply and notify. Section 43 has the custodian make reasonable efforts to tell the individual who received the information in the previous year, which is an answer to a request and not a duty to keep a log. The record of disclosures without consent is in section 22, which this row does not cite.
- Kind
- None
- As of
What this law does
An individual may withdraw their consent to a custodian's collection, use or disclosure of their personal health information by notifying the custodian that has custody or control of it, and the withdrawal does not apply to anything a custodian did before it received notice. The Health Information General Regulation requires the withdrawal to be clear and unambiguous and in writing in English or French, delivered to the custodian or its agent.
Where an individual refuses or withdraws consent for the purpose of providing health care to them, the custodian must inform the individual of the reasonably foreseeable consequences, take reasonable steps to act in accordance with the decision and, on a withdrawal and on request, make reasonable efforts to tell the individual who received the information in the previous year.
A custodian that reasonably believes compliance is likely to endanger the individual's health or safety may refuse to comply, and must then tell the individual as soon as reasonably possible, on request make the same efforts to identify the recipients, provide any prescribed information and, under the Regulation, tell the individual of the right to complain to the commissioner.
A custodian that discloses with consent to another custodian for health care, but lacks consent to disclose all the information it considers reasonably necessary, must notify the other custodian of that fact.
When LexLint raises it
When your app profile says your app handles health records.
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