Part 2 - Alberta Health Information Act: Individual’s Right to Access Individual’s Health Information

For Rena and any other patients in Alberta.  Other Canadian provinces have similar acts in place.

For the Act in its entirety, go to:
http:// www.assembly.ab.ca /HIAReview/Health_Information_Act.pdf


Health Information Act, Alberta

Part 2
Individual’s Right to Access Individual’s Health Information

Right of individual to access individual’s health inf ormation
7(1) An individual has a right of access to any record containing health information about the individual that is in the custody or under the control of a custodian.
(2) The right of access to a record does not extend to information in respect of which a custodian is authorized or required to refuse access under section 11, but if that information can reasonably be severed from a record, an individual has a right of access to the remainder of the record.
(3) The right of access to a record is subject to the payment of any fee required by the regulations.

How to make a request
8(1) To obtain access to a record, an individual must make a request to the custodian that the individual believes has custody or control of the record.
(2) A custodian that has received a request for access to a record under subsection (1) may require the applicant to submit the request in writing.
(3) In a request, the applicant may ask(a) for a copy of the record, or (b) to examine the record.

Abandoned request
9(1) Where a custodian contacts an applicant in writing respecting the applicant’s request, including
(a) seeking further information from the applicant that is necessary to process the request, or
(b) requesting the applicant to pay a fee or to agree to pay a fee,and the applicant fails to respond to the custodian, as requested by the custodian, within 30 days after being contacted, the custodian may, by notice in writing to the applicant, declare the request abandoned.
(2) A notice declaring a request abandoned must state that the applicant may ask for a review of that decision by the Commissioner.1

Duty to assist applicants
10 A custodian that has received a request for access to a record under section 8(1):
(a) must make every reasonable effort to assist the applicant and to respond to each applicant openly, accurately and completely,
(b) must create a record for an applicant if
(i) the record can be created from information that is in electronic form and is in the custody or under the control of the custodian, using its normal computer hardware and software and technical expertise, and
(ii) creating the record would not unreasonably interfere with the operations of the custodian,and
(c) must provide, at the request of an applicant and if reasonably practicable, an explanation of any term, code or abbreviation used in the record.

Right to refuse access to health information
11(1) A custodian may refuse to disclose health information to an applicant
(a) if the disclosure could reasonably be expected
     (i) to result in immediate and grave harm to the applicant’s mental or physical health or safety,
     (ii) to threaten the mental or physical health or safety of another individual, or
     (iii) to pose a threat to public safety,
(b) if the disclosure could reasonably lead to the identification of a person who provided health information to the custodian explicitly or implicitly in confidence and in circumstances in which it was appropriate that the name of the person who provided the information be kept confidential,
(c) if the disclosure could reasonably be expected to reveal
     (i) advice, proposals, recommendations, analyses or policy options developed by or for a member of the Executive Council, or
     (ii) consultations or deliberations involving a member of the Executive Council or the member’s staff