Individuals have a right of access to their own personal health information under PHIA, as well as the right to have custodians correct errors in their personal health information. You must make such requests made directly to custodians. If you are not satisfied with a custodian’s response, you may file a complaint with the Commissioner. You must make the complaint in writing and file it with OIPC within 60 days of receiving a response from the custodian (OIPC may allow for a longer time in appropriate circumstances).
When submitting a complaint, please attach all relevant documentation, which may include a copy of your original access request and a copy of the custodian’s response. You may email, mail, drop off, or fax your complaint to our Office. If you have any questions or concerns regarding this process please contact our Office and we will assist you. There is no cost to file a complaint with this Office.
One of the first steps this Office will take in response to your complaint is to contact the custodian in question and request copies of all the relevant records. You, as the Complainant, may also provide a written submission to the Commissioner.
This Office will not release any records to you or reveal any information in the records. Instead, the Access and Privacy Analyst working on your file will review both the records in question and the custodian’s handling of your file, and they will also review and consider the representations that the custodian put forward as to why they may or must withhold the information from you.
OIPC will first attempt to informally resolve the matter to the satisfaction of the parties involved. Informal resolution is successful when all parties are satisfied with the outcome. Successful resolution of a file may include the release of additional information, confirmation that no responsive records exist, or acceptance of the custodian’s initial response. We would then close the file.
If we do not resolve the complaint informally, then the Commissioner will conduct a formal investigation where the Commissioner is satisfied that there are reasonable grounds to do so. If the Access and Privacy Analyst determines that it is appropriate or necessary for the formal investigation process, we may give you and the custodian an opportunity to make further written submissions setting out your positions regarding access to the records.
On completion of our formal investigation, we will provide you and the custodian with a report on our findings. A custodian must determine whether it will comply with any recommendations in the report within 15 days.
If you are not satisfied with the custodian’s decision, you may appeal the decision to the Supreme Court of Newfoundland and Labrador within 30 days of the custodian’s decision after receipt of the Commissioner’s report. Initiating an appeal to court begins a new hearing that reviews the decision of the custodian. It is not an appeal of the Commissioner’s report.