- Download the Part X guide
- Terms used in this guide
- Does Part X of the CYFSA apply to you?
- Collection, use, and disclosure of personal information
Consent and capacity
- Elements of consent
- Consent may be implied in some cases
- Consent may be written or verbal
- Presumption of consent’s validity
- Conditional consent and withdrawal of consent
- Capacity to consent
- Substitute decision-makers
- Safeguarding and managing personal information
Access to records of personal information
- Individual’s right of access
- Access exceptions
- Is the record dedicated primarily to the provision of service to the individual?
- How are access requests made?
- Service provider’s response to access requests
- Substitute decision-makers can request access
- Correction of records
- Offences and immunity
- The role of the Information and Privacy Commissioner
Individual’s right of access
All individuals, regardless of age, have a right to access records of their personal information in your custody or control that relate to providing them with a service.
The general right of access in Part X applies to all records of personal information in the service provider’s custody or control, regardless of where the information originated. The right of access is not limited to records in the custody or control of a service provider that were created by that service provider.
A youth requests access to all records in his case file at a group home. One of the records was authored by another service provider. Can the group home release this record to the youth even though it was not created by group home staff?
If the group home has custody or control of the record, the youth would have a right to access the record from the group home, subject to any applicable access exceptions.