Questions & Answers

At what age does a parent or legal guardian no longer have access to their child's medical information?

The Health Information Act (HIA) states:

104(1) Any right or power conferred on an individual by this Act may be exercised

(b) if the individual is under 18 years of age and understands the nature of the right or power and the consequences of exercising the right or power, by the individual,

(c) if the individual is under 18 years of age but does not meet the criterion in clause (b), by the guardian of the individual

In other words if the child is competent enough to understand and make his/her own information decisions, then access to information rights are held by the child. If they are not capable of making their own information decisions, then those rights fall to the guardian.

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