- 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
Service provider’s duty to correct, and exceptions
You must grant a correction request if the individual demonstrates, to your satisfaction, that the record is inaccurate or incomplete and gives you the information you need to correct the record.
There are two exceptions. You are not required to correct a record if:
- it consists of a professional opinion or observation that was made in good faith or
- your organization did not create it, and you do not have sufficient knowledge, expertise or authority to correct it
You are also permitted to refuse a correction request if you have reasonable grounds to believe the request is frivolous or vexatious or made in bad faith.
An individual complained to the IPC under Ontario’s health privacy law after a health information custodian refused to correct a social worker’s report.
In PHIPA Decision 67, the IPC found that the custodian was not obligated to make the requested corrections — because the information in dispute consisted of the social worker’s professional opinions and observations, made in good faith.