The Personal Health Information Privacy and Access Act (the “Act”) is access and privacy legislation that applies to health care providers, referred to as custodians, in both public and private health sectors in New Brunswick. The main premise of this legislation is that your personal health information belongs to you, not to your health care provider.
The main purposes of the Personal Health Information Privacy and Access Act are set out in section 2 of the Act and are:
- to grant individuals a right to examine and receive a copy of their personal health information and to request the correction or amendment to their personal health information maintained by a custodian, subject to the limited and specific exceptions set out in this Act (Part 2: Access to Personal Health Information);
- to regulate how custodians collect, use, disclose, retain and securely destroy personal health information that protects the confidentiality of personal health information and the privacy of the individual to whom the personal health information relates (Part 4: Collection, Use and Disclosure of Personal Health Information);
- to facilitate the effective provision of care, planning and management of the health care system;
- to set up tools to ensure the accountability of persons who handle personal health information and to set up tools to protect the security and reliability of the information they handle;
- to provide for an independent review and custodians’ decisions under the Act, either through the Commissioner’s Office or the courts (Part 6: Review); and
- to provide effective remedies for violations of this Act.
The Act and its Regulation can be found below:
The Act: Click here (PDF Version)
The Regulations: Click Here (PDF Version)