A “personal file” is a written record (handwritten, typed, electronic or other) or any other kind of medium where facts about you, and that could identify you, are stored. This file could include any of your personal information other than the opinions of the professional. In the Quebec professional system, the personal file is the result of any information the professional collected from you. Professionals keep this information so they can refer to it when you consult them.

It is important to know that the collection, holding, use and communication to third persons of personal information is strictly regulated by many laws, like the Professional Code, the Civil Code of Québec, and the Act respecting the protection of personal information in the private sector. These laws apply to personal information in a file, regardless of the medium or form used: written, graphic, taped, filmed, electronic or other. Even a tape recording, video, or e-mail can be considered a personal file, or can form part of your file.

In principle only you and the professional have access to your personal file. In some cases though, the professional may communicate certain information to third parties or use it in the course of her work—if you consent. In addition, when creating or using your file, the professional must not endanger your privacy or your reputation.

All professionals who collect, hold, use or communicate personal information are obliged by law to take appropriate safety measures to protect confidentiality. They must also make sure your file is up to date and accurate whenever they use it to make a decision about you.

Also, once the purpose of the file is no longer relevant, the information it contains may only be used with your free and enlightened consent—meaning no one forced you to let the professional share your information and the professional told you exactly how your information would be used.

At the same time, in exceptional cases the law does allow professionals to share your personal information with certain people. For example, a professional may share information with her own lawyer, or with the Attorney General if it is needed to prosecute an offence. She can also give information to a person responsible for the prevention, detection or repression of offences. But remember, the Attorney General cannot force a defence lawyer to hand over any information contained in his client’s file. Finally, personal information may be shared with certain persons in an emergency situation involving you.

In the Quebec professional system, the personal information contained in your file is also protected under the right to professional secrecy. To learn more, please consult our Infosheet entitled Professional secrecy.

Yes, you may consult your file and have the information in it corrected. All professionals must respect your right to know about any documents in files relating to you. You can therefore make an appointment to consult your file at the professional’s office. You also have the right to obtain copies of the documents, and the professional may ask you to pay the cost of copying them.

The professional must respond to your request for access or correction within 30 days. If she does not respond to you within the time limit, she is considered to have refused your request.

Nonetheless, in some circumstances, the professional may refuse you access to your own file. This would be the case, for example, if it contained information that could cause serious harm to you or a third party. For example, a doctor may refuse to give you access to your file if he feels that it could affect your health.

It should be noted that people under 14 years of age may not demand to be informed of the existence of a file established on them or have access to the medical or social information it contains. This rule doesn’t restrict normal communication between a health care or social services worker and her patient under 14 years of age. Note that the rule doesn’t prevent parents from having the right to access their child’s file. The lawyer of a young person may also have access to the file during legal proceedings.

Certain other specific rules may apply to health care professionals. It is therefore recommended that you address the appropriate professional order for details, as needed.

Finally, a professional may flatly refuse to grant you access to your own file if it contains private information regarding a third person or if there is an investigation in progress under the Act respecting the protection of personal information in the private sector.

If you discover information in your file that is outdated, incorrect, incomplete or that may lead to confusion about the reason for which it was collected, the professional must respect your right to have this information corrected or removed. You also have the right to prepare written comments and insert them into your file.

If a professional refuses to grant you access to your file without a good reason or refuses to correct information contained within it, you have two recourses. First, you can contact the appropriate professional order and file a complaint with the syndicate of that order (see the Infosheet entitled Professional disciplinary committees: The complaint process). Second, you can complain to the Commission d’accès à l’information.

If you choose this option, you must ask the Commission to deal with the conflict between you and the professional within 30 days of the professional’s refusal of your request. When you submit the grievance to the Commission for examination, you must explain briefly the reasons justifying your request. The Commission will inform the professional of this step, and may require you to pay a fee.

Remember that if you need help to write your request for a review of the grievance, the Commission’s staff is available to assist you.

If the Commission finds that no agreement is possible between you and the professional, it will examine your request itself. After this examination, it will send its conclusions, in writing, to you and the concerned professional. It might order the professional to give you access to your file or to correct the personal information it contains. The professional then has 30 days to obey the order. If the Commission doesn’t accept your request, it may advise the professional not to act.

The decision of the Commission cannot be appealed on the facts of the case. But the Court of Québec can review questions of legal interpretation or jurisdiction, if it agrees to hear the appeal.