With limited exceptions, the Personal Health Information Protection Act (PHIPA) provides individuals with a right to access their personal health information held by a health information custodian (custodian), and sets out a formal procedure for access requests to custodians. The right of access does not apply to:
- records that contain quality of care information;
- personal health information required for quality assurance programs;
- raw data from psychological tests or assessments;
- personal health information used solely for research purposes; or
- personal health information that is in the custody or control of a laboratory for a test requested by a health care practitioner, where an individual has the right to access that information from the health care practitioner and the practitioner has not directed the lab to provide the information directly to the individual.
An individual may exercise a right of access to a record of personal health information by making a written request for access to the custodian that has custody or control of the information. Nothing in PHIPA prevents a custodian from granting an individual access to a record of personal health information if the individual makes an oral request for access.