Questions & Answers

Can you explain section 11(A) in HIA...? Right to Refuse access to health Information?

Under the Health Information Act (HIA), section 11(1)(a) states;

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

When an applicant makes a request to access their health information, it is at the discretion of the custodian as to what information will be disclosed. If the custodian (i.e. physician, hospital, etc.) believes that the disclosure may result in harm to the applicant or another individual, the custodian may choose not to disclose that information, in the best interest of the applicant.

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