Requirements for retention, storage and secure destruction of information
55(1)A custodian shall establish and comply with a written policy for the retention, archival storage, access and secure destruction of personal health information that
(a)
meets any requirements prescribed by regulation or any requirements contained in any Act of the Legislature,
(b)
protects the privacy of the individual to whom the information relates, and
(c)
requires that a custodian who destroys personal health information to keep a record of the individual whose personal health information is destroyed, a summary of the contents of the record, the time period to which the information relates, the method of destruction and the name of the person responsible for supervising the secure destruction.
55(2)Unless otherwise provided in the regulations, a public body shall ensure that personal health information in its custody or under its control is stored only in Canada and accessed only in Canada, unless one of the following applies:
(a)
if the individual to whom the information relates has identified the information and has consented, in the manner prescribed by regulation, to it being stored in another jurisdiction;
(b)
if the information is stored in another jurisdiction for the purpose of disclosure allowed under this Act;
(c)
if the information was disclosed for the purposes of
(i)
a payment to be made to or by the Province or a public body,
(ii)
authorizing, administering, processing, verifying or cancelling a payment to be made to or by the Province or a public body, or
(iii)
resolving an issue regarding a payment to be made to or by the Province of or a public body.
55(3)This section does not override or modify any requirement in an Act of the Legislature or the Parliament of Canada concerning the retention or secure destruction of records maintained by a public body.
Requirements for retention, storage and secure destruction of information
55(1)A custodian shall establish and comply with a written policy for the retention, archival storage, access and secure destruction of personal health information that
(a)
meets any requirements prescribed by regulation or any requirements contained in any Act of the Legislature,
(b)
protects the privacy of the individual to whom the information relates, and
(c)
requires that a custodian who destroys personal health information to keep a record of the individual whose personal health information is destroyed, a summary of the contents of the record, the time period to which the information relates, the method of destruction and the name of the person responsible for supervising the secure destruction.
55(2)Unless otherwise provided in the regulations, a public body shall ensure that personal health information in its custody or under its control is stored only in Canada and accessed only in Canada, unless one of the following applies:
(a)
if the individual to whom the information relates has identified the information and has consented, in the manner prescribed by regulation, to it being stored in another jurisdiction;
(b)
if the information is stored in another jurisdiction for the purpose of disclosure allowed under this Act;
(c)
if the information was disclosed for the purposes of
(i)
a payment to be made to or by the Province or a public body,
(ii)
authorizing, administering, processing, verifying or cancelling a payment to be made to or by the Province or a public body, or
(iii)
resolving an issue regarding a payment to be made to or by the Province of or a public body.
55(3)This section does not override or modify any requirement in an Act of the Legislature or the Parliament of Canada concerning the retention or secure destruction of records maintained by a public body.
Requirements for retention, storage and secure destruction of information
55(1)A custodian shall establish and comply with a written policy for the retention, archival storage, access and secure destruction of personal health information that
(a)
meets any requirements prescribed by regulation or any requirements contained in any Act of the Legislature,
(b)
protects the privacy of the individual to whom the information relates, and
(c)
requires that a custodian who destroys personal health information to keep a record of the individual whose personal health information is destroyed, a summary of the contents of the record, the time period to which the information relates, the method of destruction and the name of the person responsible for supervising the secure destruction.
55(2)Unless otherwise provided in the regulations, a public body shall ensure that personal health information in its custody or under its control is stored only in Canada and accessed only in Canada, unless one of the following applies:
(a)
if the individual to whom the information relates has identified the information and has consented, in the manner prescribed by regulation, to it being stored in or accessed from another jurisdiction;
(b)
if the information is stored in or accessed from another jurisdiction for the purpose of disclosure allowed under this Act;
(c)
if the information was disclosed for the purposes of
(i)
a payment to be made to or by the Province or a public body,
(ii)
authorizing, administering, processing, verifying or cancelling a payment to be made to or by the Province or a public body, or
(iii)
resolving an issue regarding a payment to be made to or by the Province of or a public body.
55(3)This section does not override or modify any requirement in an Act of the Legislature or the Parliament of Canada concerning the retention or secure destruction of records maintained by a public body.