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.