1978 BILL 253 Fourth Session, 18th Legislature, 27 Elizabeth II TIIE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 253 THE MENTAL HEALTH INFORMATION PROTECTION ACT MR. CLARK Fi~t Reading _______________________________________ _ Socond Reading ______________________________________ _ Committee of the Whole _______________________________ _ 1lrird Reading _______________________________________ _ Royal Assent ________________________________________ _ Printed by the Queen's Printer for the Province of Alberta. EDMONTON

Bill 253 Mr. Clark BILL 253 1978 THE MENTAL HEALTH INFORMATION PROTECTION ACT ( Assented to , 1978) HER MAJESTY, by ,and with the advice ,and cO'nsent O'f the Legislative Assembly 'Of 'Alberta, enacts as follO'ws: 1.

In this Act (a) "consent" means infO'rmed cO'nsent; (b) "identifier" me'ans a reference or ,cO'de by which a. person may be identified 'and includes a social insufiance number O'r 'a driver's license number; (c) "Minister" means the Minister to' whO'm the 'administra­ tiO'n of this Act has been assigned; (d) "non-rO'utine use" means a use of a record that is nO't a -routine use; (e) "personal infO'rmatiO'n" means information re'Specting an individual whkh includes the individual's name O'r from which 'his identity is ascertainiable; (f) "reoord" means the tO'tal of all persO'nal informatiO'n re- (g) (

h) Ilating to' an individual recO'rded in any fO'rm or ,any part thereof; "routine use" means, in relatiO'n .to' the use of· persO'nal infO'rniatiO'n O'r of a record regal ding an individual, a use of la reoO'rd fO'r a purpO'se ithiat is directly cO'nslistent with the use fO'r which it was compiled and fO'r which use cO'n­ sent has been given by.that individual; "system" means the Alberta Mental Health InfO'rmation System e'Stablished pursuant to'

section 2. 2. Every recO'rd relating to an individual's mental health main­ tained hy ,the GO'vernment shall be maintained under one system t'O be known as the Alberta Mental Health InfO'rmatiO'n System. 3. ( 1) Where an individual requests in writing to' the Minister to' be informed as to . (

a) what record cO'ncerning him iscO'ntained in the system; (

b) the date when the recO'Id was first created;

Explanatory Notes I.

Definitions. 2. Records kept under one system. 3. Information as to content of record.

(

c) the date when the record was last modified; or (

d) the instances 'Of use to which the record has been put since the coming into ~orce 'Of this Act; the Minister shall within 30 days comply with the request and shall permit the pers'On to e~amine each such record or a copy thereof whether or not that individual provided all or any of the information contained in the record.

(2) An individual who has requested information pursuant to subsection (1) may (

a) request the Minister to 'correct ,the 'contents of any record where the individual has reason to believe there is an error or omission therein; (

b) require a notation on any reoord where the contents of 1Jhe reoordare not amended to reflect a requested cor­ rection and every notation shall show the substance of the request and shall be signed by one of the persons appointed by the Minister for that purpose. 4. Every individual is entitled to examine every record kept in the system which relates to him or a copy thereof (

a) on each ocoasion when he receives a notice of request for consent to non-r'Outine use of the reoord; (

b) on each occasion that personal information is added 'Or a record is amended, and every six months after either 'Occasion. 5. Before personal inf'Ormation relating to an individual is stored in the system or a record is amended, the Minister shall (

a) inform the individual of the fact and of the information to be included or the amendment to be made to the re­ 'cord in writing; (

b) obtain the written consent of the individual t'O that in­ formation being stored in the system. 16. ( 1) The Minister shall inform the individual in writing that he is entitled to refuse to give his consent (

a) to the storing of personal information in the system; (b) >as to the purpose for which it is intended t'O store and use the information; ( c ) 'as to the type of information which wiH be stored and for how long; (

d) as to the sources of the information; and (

e) as to the use to which information will be put;

(2) A consent is limited to the purpose for which it was given. 2

4. Right to examine own record. 5. Entries in record advised to subject. 6. Consent· to storing and using information. 2

7. At the time that he is asked to give his ,oonsent, every indi­ vidual shall be informed in writing 'Of the right he has and the procedures he may take to inspect and correct the records main­ tained in the system. 8. Consent given for a routine use of a record shall not be construed as consent for la non-routine use 'Of a reoord. 9. Where consent to store information in the system is refused, the Government shall not for that reason only refuse to provide services which would otherwise have been provided unless it is impossible ,to provide them without the information. 10.

A consent given for storage shall not remain in effect for longer than 2 years and a consent given for use shall not remain in effect for longer than 90 days. 11. Every individual is entitled to withd1'1aw his consent in writing at any time prior to the expiry of the f01'1ce of the consent but such withdrawal shall not affect the legality of any storage, disclosure or use carried out prior to the withdrawal rand on the basis of the consent. 12. The Minister shall give notice in writing by registered mail to 'an individual where personal information concerning that indi­ vidual is proposed to be used (

a) for any purpose which shall be speoified in the notice; (

b) by 'any person who shaH be specified in the notice; (

c) on any occasion which shall be specified in the notice; and that individual shall thereupon be deemed to have been ad­ vised thereof and shall be deemed to have 'consented to the use 'Of the information ,for the purpose by the person 'and on the occa'sion so specified unless written notice to the oontrary is given by the individual within 30 days from the date of receipt of the notice and in la manner specified in the notice. 13. The Minister shaH keep confidential the fact of the exist­ ence 'Of a record on an individual. 14.( 1) No record shall be made available to any person ex­ 'cept for routine use without the consent of the person to whom it relates.

(2) The Minister shall not authorise the release 'Of any per­ sonal information from the system unless the recipient agrees in advance in writing that he will keep the info1'1m'ation confidential unless it is already known to him or is already or becomes public knowledge. 3

7. Information as to rights. 8. Limit on consent. 9. Refusal of consent alone not to result in loss of services. 10. Duration of consent. 11. Withdrawal of consent. 12. Notice of use of information. 13. Confidentiality of record. 14. Release of information. 3

15. Nothing hereinoontained shall he construed to prevent the release of information from the system where every reference, name or identifier that could indicate the identity or probable identity of any individual has been removed or deleted from it. l r6. The Minister shall take all reasonable steps to ensure the security of the system and the records :contained in them. 17. Every personal information re'cord :maintained in the sys­ tem shaH include a listing of aH disclosures which have been made O'f information on the file and the listing shaH include (

a) the date of the disclosure; (

b) the name of the person to whO'm the disclosure has been made; (

c) the purpose for which the disclosure was made. 18. The listing defined in

section 17 is part of the record. 19. The information in the system shaH not be conveyed or transmitted outside the Province physi'oally or electronically or by any other means whatsoever, without the consent of the individual to whom it relates. 20. ( 1) The Minister shall (

a) keep under review the manner in which the system is maintained :and managed to ensure compliance with the provisions of this Act, and (

b) prescribe such forms as may be required for the opera­ tion of this Act.

(2) In order to co-ordinate the collection for, and the reten­ tion, use and stoJ.'lage of information in the system and to elimin­ ate wherever possible any unnecessary collection, the Minister shaH keep under review the utilization and potential modification of the system. 21.

(1) The Minister may deny access to any record where, in the opinion of the Minister knowledge of the inf01~mation con­ tained in the record (

a) would reveal personal information concerning another lindividufctl; (

b) would impede the functioning of a rcourt of law or a quasi-judicial board,commission or other tribunal; or 4

IS. Release of information with identity removed. 16. Minister responsible for security. 17. List of disclosures recorded. 18. List is part of record. 19. Information not to be taken out of Province. 20. Ministerial duties. 21. Limit of access to record. 4

(

c) would disclose legal opinions or ladvice provided to gov­ ernment on a matter ,of government business. (2 ) Notwithstanding subsection (1) the Minister shall, where possible, separate or delete parts of a record to enable it to be revealed to the individUial to whom it relates. 22. The Minister shall cause to be prepared onceeaoh year, a description in general terms of the information stored in the sys­ tem and the routine uses to which that infnrmation is usually put, and shall make the publication available :fnr sale to' the public. 23. Every person who violates any provisinn of this Act is guilty of an offence and on

summary conviction is liable to a fine of not more than $2500 or to' not more than 3 months imprison­ ment or to both fine and imprisonment. 24. This Act cnmes into force on January 1, 1979. 5

22. Annual publication on system. 23. Offences and penalties. 5 Title: 1978 (18th, 4th) Bill 253, The Mental Health Information Protection Act