Support Centre

Newfoundland and Labrador

Summary

Law: Access to Information and Protection of Privacy Act, SNL 2015 c A-1.2 ('the Act'). Please note that the Act applies to public bodies only. Private organisations are regulated at the federal level by the Personal Information Protection and Electronic Documents Act 2000 ('PIPEDA').

Regulator: Office of the Information and Privacy Commissioner for Newfoundland and Labrador ('OIPC')

Summary: The OIPC acts as an independent reviewer in the administration of both the Act and the Personal Health Information Act ('PHIA'). It is important to note the distinction between the Access to Information and Privacy Protection ('AITPP') Office and the OIPC, with the former primary responsible for the overall administration and coordination of the legislation. In addition, Newfoundland and Labrador joins many provinces in establishing rules regarding how personal health information ('PHI') is handled for both public and private sector organisations. Although, the PHIA guarantees protections for the use, disclosure, access, and confidentiality of PHI, the OIPC has limited powers of enforcement, including, in particular, reviewing complaints and making recommendations to ensure compliance.

Insights

The Personal Health Information Act, SNL 2008, c P-7.01 ('PHIA') was enacted in 2008 and proclaimed in 2011 with the purpose of establishing rules for the collection, use, and disclosure of personal health information ('PHI'); of providing individuals with rights, such as the right to access and to require correction or amendment of their PHI; of ensuring accountability of persons in custody of the PHI; and of establishing measures to ensure compliance with the PHIA in the Province of Newfoundland and Labrador. In this article, OneTrust DataGuidance gives an overview of the PHIA and its key provisions with respect to PHI.