BC Freedom of Information and Privacy Association
Your Data Your Rights
How does BC’s health sector respect your personal health information privacy?
British Columbia’s health sector is mainly governed by two privacy laws. The first is the Freedom of Information and Protection of Privacy Act (FIPPA) which applies to government bodies including hospitals, health authorities, and clinics. The second is the Personal Information Protection Act (PIPA) which applies to the private sector offices of doctors and other health care professionals, and to private clinics and labs. Both privacy laws require that:
- your personal health information be kept confidential and secure from unauthorized access, use, disclosure, modification, or destruction
- you can access your personal health information upon request
- you can request that your personal health information be corrected
You have the right to consent or refuse consent to the collection, use, and disclosure of your personal health information. Consent regarding your personal health information generally needs to be meaningful. You will not always be asked for your consent when you are seen by a health professional for treatment or care because your consent is typically implied.
Further, your consent will usually be inferred when other health care professionals help you (commonly known as your “circle of care”). Consequently, you must give specific instructions to your health care provider if you do not consent to the collection, use, and disclosure of your personal health information.
In certain scenarios, you will not be able to withdraw your consent. For example, you may not be able to withdraw your consent when your personal health information is collected, used, or disclosed for health system management or administrative purposes (such as for the provincial insurance plan, or investigations into medical error, or for public health purposes). Another potential example would be if your personal health information has become anonymized and used for research purposes.
If you believe your access to information or privacy rights has been violated, you can file for a review or complaint to the Office of the Information Privacy Commissioner for BC (OIPC). Generally, it is beneficial for all parties to try to resolve the issue directly before contacting the OIPC.
For more information, please visit our health information resource or our complaints and reviews resource.
Updated 2024.07. 27
These pages were last updated and reviewed in the summer of 2024.
The information on these pages only contains general information and guidance; none of the information constitutes legal advice. If you have a specific issue that you believe is a legal problem, the best practice is to consult a lawyer.
The information is non-partisan, dynamic and ever changing. It is the result of FIPA’s research and public education programs.
If you note something that needs to be added, corrected, or removed, please contact us by email: fipa AT fipa.bc.ca.
