PHIPA access, correction, and complaints

An individual exercises the statutory right of access by making a sufficiently detailed written request to the custodian that has custody or control of the record.

• A custodian may provide access after an informal oral request, but a formal written request is needed to use PHIPA’s formal access process and to complain to the IPC about an access refusal.

• The custodian must respond as soon as reasonably possible and no later than 30 calendar days after receiving the written request.

• A custodian may extend the response period by no more than 30 additional calendar days where the statutory operational-interference or consultation conditions are met, and must give written reasons.

• The custodian must make the record available for examination and provide a copy if requested, or give the written notice required when the record cannot be found or access is refused. A refusal notice must state the right to complain to the IPC.

The right of access is broad but not absolute. Only the exclusions and exceptions authorized by PHIPA or another applicable legal authority may be used.

• Examples include legally privileged information, disclosure prohibited by another law or court order, certain unfinished proceedings or investigations, and information whose disclosure could reasonably be expected to create a risk of serious harm to the individual’s treatment or recovery or serious bodily harm to the individual or another person.

• Where an exception applies only to part of a record and the excluded information can reasonably be severed, the individual retains access to the remainder.

• A custodian must first provide a fee estimate and may charge no more than the prescribed amount or, if no amount is prescribed, reasonable cost recovery. The custodian may waive all or part of the fee when it considers that fair and equitable.

• FIPPA or MFIPPA may govern some records held by public institutions. Their request procedures and response periods must not be assumed to be the PHIPA process.

After receiving access, an individual may make a written request to correct a record believed to be inaccurate or incomplete for the purposes for which the custodian uses the information.

• The requester must identify the inaccurate or incomplete information and provide the information needed to make the correction.

• A custodian is not required to correct a record it did not create when it lacks sufficient knowledge, expertise, and authority to do so, or a professional opinion or observation that the custodian made in good faith about the individual.

• The custodian must respond as soon as possible and no later than 30 days, subject to a permitted extension of no more than 30 days. A refusal notice must give reasons and explain the rights to a statement of disagreement and an IPC complaint.

• After a refusal, the individual may require a statement of disagreement describing the requested correction to be attached or linked to the record as provided by PHIPA.

The IPC receives written complaints about collection, use, disclosure, information practices, privacy breaches, and access or correction refusals under PHIPA.

• For a privacy concern, the IPC recommends contacting the custodian first to try to resolve the issue directly.

• A general PHIPA complaint must ordinarily be filed within one year after the subject of the complaint first came, or reasonably should have come, to the complainant’s attention, whichever is sooner. The IPC may permit a longer period when that would not prejudice any person.

• An access or correction complaint may ordinarily be filed within six months after the custodian refused or was deemed to have refused the request.

• Use the current IPC forms and instructions. Filing requirements and the application of a time limit depend on the facts of the complaint.