Your health information: Your access and correction rights

Your health information:

Your access and correction rights

Number 2

January 2005

Information and Privacy Commissioner of Ontario

On November 1, 2004, the Personal Health

Information Protection Act, 2004 (the Act)

came into force. This new law gives you

the right to access or obtain a copy of your

personal health information and correct

any mistakes.

To whom the Act applies

The Act applies to individuals and

organizations involved in the delivery of

health care services. Under the Act, they

are referred to as “health information

custodians” and include:

• Health care providers such as doctors,

nurses, dentists, psychologists, optometrists,

physiotherapists, chiropractors, massage

therapists, dieticians, naturopaths and

acupuncturists who provide health care;

• Hospitals;

• Long-term care homes and homes for

special care;

• Community Care Access Centres;

• Pharmacies;

• Medical laboratories;

• Local medical ofﬁcers of health;

• Ambulance services;

• Community mental health programs; and

• The Minister of Health and Long-Term

Care.

Personal health information

Personal health information includes any

identifying information about your health

or health care history, such as your medical

history, details of visits to your doctor, or

test results.

Your right of access to your

personal health information

Under the Act, you have the right to access

and request a copy of your own personal

health information.

If you want to access or obtain a copy of

your records, you may make a request to the

person identiﬁed by the health information

custodian (custodian). The custodian may

require that you make the request in writing.

If your request is in writing, a custodian has

30 days to respond but, in certain situations,

may require an extension of up to 30 days.

You can request faster access where you can

show that you urgently need the information.

When giving you access or providing a copy

of your health information record, a custodian

INFORMATION

AND PRIVACY

COMMISSIONER OF

ONTARIO

may charge a reasonable fee to cover costs.

Under the Act, custodians can only deny you

access to your health information record

in certain situations, such as when health

information was collected as part of an

investigation.

Generally, custodians who deny you access to

your record or part of your record must give

you an explanation. If you are not satisﬁed

with a custodian’s decision, you may complain

to the Information and Privacy Commissioner

of Ontario (IPC) within six months of that

decision. You may also complain to the IPC if

the custodian has not responded to your access

request within 30 days, or if the time to respond

to your request has been extended.

Your right to correct your personal

health information

Generally, under the Act, if you believe that

your personal health information is not accurate

or complete, you may make a request to have

it corrected. You should make your request to

the contact person designated by the custodian.

The custodian may require that you make the

request in writing.

If your request is in writing, a custodian has 30

days to respond but, in certain situations, may

require an extension of up to 30 days.

A health information custodian must correct

your record of personal health information

if you can demonstrate, to the custodian’s

satisfaction, that your record is incomplete or

inaccurate for the purpose the custodian uses

this information. You must also provide the

information necessary to correct the record. For

example, if you can demonstrate that the record

your doctor uses to treat you is not accurate

or complete enough for that purpose and you

provide the necessary information, your doctor

must correct your record. However, custodians

are not required to change professional opinions

or correct records that they did not create.

Custodians who refuse to make a correction

must explain why they refused. You have the

right to attach a statement to your record

conveying your disagreement as well as the right

to complain to the IPC within six months of the

decision. You may also complain to the IPC if

the custodian has not responded to your request

for correction within 30 days, or if the time to

respond to your request has been extended.

About the Commissioner

The Information and Privacy Commissioner of

Ontario is appointed by the Ontario Legislature

and is independent of the government of the day.

Under the Act, the IPC has the power to make

rulings about complaints where:

• Your request for access to your health

information records has been denied;

• Your request for record correction has been

denied;

• The custodian has not responded to your

request within 30 days; and

• The custodian has extended the time to

respond to your access or correction request.

For more information on the access and

correction complaint process, please refer to the

brochure, Access and Correction Complaints:

Personal Health Information Protection Act.

Complaint forms are available on the IPC’s

website, www.ipc.on.ca

INFORMATION

AND PRIVACY

COMMISSIONER OF

ONTARIO

Other health privacy materials

available from the IPC include:

• Frequently Asked Questions: Personal

Health Information Protection Act;

• A Guide to the Personal Health Information

Protection Act;

• The Personal Health Information Protection

Act and Your Privacy;

• Frequently Asked Questions: Health Cards

and Health Numbers;

• Your Health Information: Your Rights;

and

• Collection, Use, Disclosure and Other

Complaints: Personal Health Information

Protection Act

For more information, please call, write

or e-mail:

Information and Privacy

Commissioner of Ontario

2 Bloor Street East, Suite 1400

Toronto, Ontario CANADA

M4W 1A8

Telephone: 416-326-3333

or 1-800-387-0073

Facsimile: 416-325-9195

TTY: 416-325-7539

Website: www.ipc.on.ca

Email address: [email protected]

is published by the Ofﬁce of the Information and

Privacy Commissioner of Ontario.

If you have any comments regarding this news letter,

wish to advise of a change of address, or be added

to the mailing list, contact:

30% recycled

paper

Communications Department

Information and Privacy Commissioner of Ontario

2 Bloor Street East, Suite 1400

Toronto, Ontario CANADA

M4W 1A8

Telephone: 416-326-3333 • 1-800-387-0073

Facsimile: 416-325-9195

TTY (Teletypewriter): 416-325-7539

Website: www.ipc.on.ca

Cette publication, intitulée « Feuille-info »,

est également disponible en français.

Fact Sheet