Acts and Regulations

P-7.05 - Personal Health Information Privacy and Access Act

Full text
Express consent
19(1)Unless otherwise provided in this Act, express consent of an individual is required in relation to the collection, use or disclosure of his or her personal health information by a custodian, including when the custodian discloses information to
(a) the media,
(b) a person for the purpose of fundraising activities,
(c) a visitor to a health care facility,
(d) a person outside New Brunswick, and
(e) a person for the purpose of research.
19(2)The consent of an individual to the collection, use or disclosure of personal health information by a custodian is express if
(a) the custodian requests the individual to provide the personal health information,
(b) the individual knows the purpose of the collection, use or disclosure of the information, as the case may be,
(c) the individual grants the custodian permission, the contents of which may be prescribed by regulation, to collect, use or disclose the information, and
(d) if the permission referred to in paragraph (c) is in oral form, the custodian makes a record of the individual’s consent.
19(3)Additional requirements of what constitutes express consent of an individual may be prescribed by regulation.
2017, c.30, s.2
Express consent
19(1)Unless otherwise provided in this Act, express consent of an individual is required in relation to the collection, use or disclosure of his or her personal health information by a custodian, including when the custodian discloses information to
(a) the media,
(b) a person for the purpose of fundraising activities,
(c) a visitor to a health care facility,
(d) a person outside New Brunswick, and
(e) a person for the purpose of research.
19(2)The consent of an individual to the collection, use or disclosure of personal health information by a custodian is express if
(a) the custodian requests the individual to provide the personal health information,
(b) the individual knows the purpose of the collection, use or disclosure of the information, as the case may be, and
(c) the individual grants the custodian permission, the contents of which may be prescribed by regulation, in writing, to collect, use or disclose the information.
19(3)Additional requirements of what constitutes express consent of an individual may be prescribed by regulation.
Express consent
19(1)Unless otherwise provided in this Act, express consent of an individual is required in relation to the collection, use or disclosure of his or her personal health information by a custodian, including when the custodian discloses information to
(a) the media,
(b) a person for the purpose of fundraising activities,
(c) a visitor to a health care facility,
(d) a person outside New Brunswick, and
(e) a person for the purpose of research.
19(2)The consent of an individual to the collection, use or disclosure of personal health information by a custodian is express if
(a) the custodian requests the individual to provide the personal health information,
(b) the individual knows the purpose of the collection, use or disclosure of the information, as the case may be, and
(c) the individual grants the custodian permission, the contents of which may be prescribed by regulation, in writing, to collect, use or disclose the information.
19(3)Additional requirements of what constitutes express consent of an individual may be prescribed by regulation.