Who Can Access Medical Records?

Your medical records contain your personal information. That’s why not everyone can access them whenever and however they want.  

 

Medical records are confidential 

Your medical records are confidential. You are the only person who is allowed to access them.  This means that someone else cannot access them without your consent or without the consent of someone who can make this decision for you (for example, your parent or tutor).  

However, confidentiality is not absolute. There are exceptions in the law that allow other people to access your medical records without your consent.  

The health care establishment that gives a patient access to their medical records must help them understand the medical information they contain. The person who represents the patient also has the right to get this help.  

If you’re 14 years old or older 

Once you turn 14, you have the right to access your own medical records. In general, this is also the age at which you can consent to your own medical care.  

Can your parents access your medical records?

If you are between 14 and 18 years old and your parents or tutors ask to access your medical records, the health care establishment must consider your wishes. It can deny their request if it believes that giving them access to your medical records could be harmful to your health or put your safety at risk.  

Generally, parents no longer have the right to access their child’s medical records once the child turns 18, even if the records contain information about services received before the child turned 18.  

Take the example of a child who received services or had an operation when they were 12. If the child is now 18 or older, the general rule is that their parent cannot access the child’s medical records without the child’s consent.

If you’re under 14 years old 

If you’re under 14 years old, your parents or tutor can access your medical records.  

Children generally cannot access their medical records themselves, except through their lawyer in legal proceedings.  

That doesn’t mean that you can’t ask questions. The medical team can explain your health condition using language that is adapted to your age.  

If a person cannot make their own decisions 

Some adults no longer have the legal capacity to make their own decisions because of an illness, accident, or a health condition. In these types of situations, someone else may need to make certain decisions for them.   

If a court has named a tutor or mandatary, that person can access the medical records as needed. 

If the person has not been declared incapacitated by a court but the person cannot consent to care, the law determines who can make decisions for them. Normally, this is:  

• the person’s spouse or partner,  

• if they don’t have a spouse or partner, a close family member or friend or someone who shows a special interest in the person.  

This person can also access the patient’s medical records.  

After death 

The medical records of a person who died are confidential. However, some people can access specific information.  

Heirs  

Heirs can access specific information if this is necessary for them to exercise their rights.  

For example, they may need to access the medical records to sue a health care establishment or assert their rights in settling the succession. They will need to show why this information is needed.  

The heir must prove their status as an heir by supplying the will and other documents required to support their request. 

Family 

The spouse, partner or relatives of the person who died may access information they need as part of the grieving process. They don’t have this right if it’s been refused in writing in advance.  

Any blood relative of the person who died may access that person’s medical records to check for the existence of a specific genetic or hereditary illness. In these cases, a written refusal made before the person’s death is set aside.

To access the medical records, the person must specifically identify the illness, and the access request must be detailed and contain reasons.  

You can consent to someone else accessing your medical records 

You can give your consent for someone else to access your medical records. Your consent can cover all or part of your medical records.  

Consent for studies, teaching, or research must be given in writing and is valid only for the duration of the project or study.   

Can someone access your medical records without your consent?  

The law says that in some situations, certain people can access your medical records without your consent. For example:    

• to prevent a serious risk of death or serious injury, 

• for a research project, under specific circumstances,  

• when certain laws authorize organizations such as Quebec’s labour board (CNESST), Quebec’s human rights commission or the Director of Youth Protection to access certain information.  

These exceptions are limited and do not give access to all your medical records.  

Can your employer access your medical records? 

Your employer cannot access your medical records. They may however ask for certain information under specific circumstances. For example:   

• If the employee is absent from work on sick leave for a long time, their employer can ask them for a doctor’s note to justify their absence.  

• If the employer has good reasons to think that the employee is not physically able to do the required work, the employer can ask the employee to undergo a medical exam. The employer can then access the medical report.  

Note that an employer cannot ask for a copy of a person’s medical records as part of the hiring process. However, the employer can assess whether the candidate has the physical and psychological skills needed to do the job by asking questions or asking the person to undergo a medical exam. The employer can then access the medical report.  

What to do if you’re refused access to medical records  

If you believe you have been wrongly refused access, you can request a review of the decision by Quebec’s access to information commission, the Commission d’accès à l’information.  

To decide if the refusal was justified or not, the Commission will consider only the documents submitted as part of your request to access your medical records. That’s why it’s important to make sure that your request is detailed enough and includes all the supporting documents needed.