Acts and Regulations

P-7.05 - Personal Health Information Privacy and Access Act

Section 14
Disposition versions

Full text
Reasons for refusing request
14(1)A custodian is not required to permit an individual to examine or copy his or her personal health information under this Part
(a) if knowledge of the information could reasonably be expected to endanger the health or safety of the individual or another person,
(b) if disclosure of the information would reveal personal health information about another person who has not consented to the disclosure,
(c) if disclosure of the information could reasonably be expected to identify a third party, other than another custodian, who supplied the information in confidence under circumstances in which confidentiality was reasonably expected,
(d) if the information was compiled and is used solely
(i) for the purpose of review by a committee established to study or evaluate the health care practices of a health care facility,
(ii) for the purpose of a body with statutory responsibility for the discipline of health care providers or to regulate the quality or standards of professional services provided by health care providers, or
(iii) for the purposes of risk management, error management or for the purpose of activities to improve or maintain the quality of care or to improve or maintain the quality of any related programs or services of the custodian,
(e) if the information was compiled principally in anticipation of, or for use in, a civil, criminal or quasi-judicial proceeding to which the custodian is or may be a party or is protected by privilege,
(f) if the information is protected by privilege,
(g) if another Act of the Legislature or the Parliament of Canada or a court order prohibits disclosure of the personal health information to the individual,
(h) if the personal health information was collected for purposes of an investigation conducted pursuant to an Act of the Legislature, or
(i) for any reason prescribed by regulation.
14(2)A custodian may consult with a health care provider who has been involved in an individual’s care, or another health care provider, before deciding to refuse to permit personal health information to be examined or copied under paragraph (1)(a).
14(3) A custodian who refuses to permit personal health information to be examined or copied under subsection (1) shall, to the extent possible, sever the personal health information that cannot be examined or copied and permit the individual to examine and receive a copy of the remainder of the information.
Reasons for refusing request
14(1)A custodian is not required to permit an individual to examine or copy his or her personal health information under this Part
(a) if knowledge of the information could reasonably be expected to endanger the health or safety of the individual or another person,
(b) if disclosure of the information would reveal personal health information about another person who has not consented to the disclosure,
(c) if disclosure of the information could reasonably be expected to identify a third party, other than another custodian, who supplied the information in confidence under circumstances in which confidentiality was reasonably expected,
(d) if the information was compiled and is used solely
(i) for the purpose of review by a committee established to study or evaluate the health care practices of a health care facility,
(ii) for the purpose of a body with statutory responsibility for the discipline of health care providers or to regulate the quality or standards of professional services provided by health care providers, or
(iii) for the purposes of risk management, error management or for the purpose of activities to improve or maintain the quality of care or to improve or maintain the quality of any related programs or services of the custodian,
(e) if the information was compiled principally in anticipation of, or for use in, a civil, criminal or quasi-judicial proceeding to which the custodian is or may be a party or is protected by privilege,
(f) if the information is protected by privilege,
(g) if another Act of the Legislature or the Parliament of Canada or a court order prohibits disclosure of the personal health information to the individual,
(h) if the personal health information was collected for purposes of an investigation conducted pursuant to an Act of the Legislature, or
(i) for any reason prescribed by regulation.
14(2)A custodian may consult with a health care provider who has been involved in an individual’s care, or another health care provider, before deciding to refuse to permit personal health information to be examined or copied under paragraph (1)(a).
14(3) A custodian who refuses to permit personal health information to be examined or copied under subsection (1) shall, to the extent possible, sever the personal health information that cannot be examined or copied and permit the individual to examine and receive a copy of the remainder of the information.