Health Information Privacy and Management Act, complaints to the commissioner and offences
S.Y. 2013, c. 16, ss. 99, 121-123
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.
An enforcement supervision rule binding public and private bodies.
- Enforcement body
- Information and Privacy Commissioner
As of .
What it requires
- Expect a complaint to the Information and Privacy Commissioner from anyone who reasonably believes you have failed to comply with the Act or the regulations (s. 99(1)).
- Do not knowingly collect, use, disclose or access personal health information, destroy or dispose of a record of it, or collect or use another person's Yukon health care insurance plan number, in contravention of the Act (s. 121(1)(a)).
- Do not alter, falsify, conceal, destroy or erase a record, or direct another person to, with the intent to evade a request for access to it (s. 121(1)(d)).
- Do not knowingly contravene subsection 30(1), a provision of Division 2 or 3 of Part 7, or section 118 (s. 121(1)(g)-(h)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
An offence under section 121(1) is punishable on summary conviction by a fine.
Penalty structure
Section 122(1) sets a fine of not more than $25,000 for an individual and not more than $100,000 in any other case on summary conviction for an offence under section 121(1); section 122(2) sets a fine of not more than $500 for an offence under section 121(2).
- Rule
- Fixed only
- As of
- Currency
- CAD
- Fixed cap
- 100,000
What this law does
Any person may make a complaint to the commissioner if the person reasonably believes that a custodian has failed to comply with the Act or the regulations. A person who, in knowing contravention of the Act or the regulations, collects, uses, discloses or accesses personal health information is guilty of an offence.
A person who is guilty of an offence under subsection 121(1) is liable on summary conviction to a fine of not more than $25,000 if the person is an individual and not more than $100,000 in any other case. A person who otherwise knowingly contravenes the Act or a regulation is guilty of an offence and is liable on summary conviction to a fine of not more than $500.
Where a corporation commits an offence, every officer, member, employee or other agent who authorized the offence, or who had the authority to prevent it and knowingly refrained from doing so, is a party to and guilty of the offence.
When LexLint raises it
When your app profile says your app handles health records.