Your Rights under Yukon's Access and Privacy Laws

There are two access and privacy laws in Yukon.  They are the Health Information Privacy and Management Act and the Access to Information and Protection of Privacy Act.

HIPMA applies to custodians and establishes a set of rules that custodians must follow in providing access to and protection of personal health information that they hold. 

Custodians include most health care providers, operators of health facilities and hospitals, the Government of Yukon Department of Health and Social Services, the Kwanlin Dun First Nation Health Centre, and the Child Development Centre. 

Health care providers include chiropractors, dentists and related professionals, optometrists, pharmacists, physicians, physiotherapists, nurses, psychologists, occupational therapists, midwives, naturopaths, and speech pathologists. 

Health facilities include medical clinics, community health centres, dental clinics, laboratories, specimen collection centres, pharmacies, nursing homes, and long-term care facilities. 

HIPMA also establishes a set of rights for individuals. Under HIPMA, you have the right to:

• examine or receive a copy of your personal health information, subject only to limited exceptions;
• request corrections of any inaccurate personal health information in a record held by a custodian;
• give or refuse your consent to the collection, use, or disclosure of your personal health information, except in certain specified circumstances;
• be informed of the reasons for the collection, use, and disclosure of your personal health information;
• withdraw your consent for any collection, use, or disclosure of your personal health information;
• subject to some limitations, expressly instruct that your personal health information not be used or disclosed for health care or other purposes without your consent;
• expect custodians to implement information practices that will protect your personal health information from unauthorized collection, use, access, disclosure, disposal or destruction, and other security breaches;
• be notified if you are at risk of significant harm as a result of a security breach involving your personal health information;
• complain to our Office if you are refused access to your personal health information or for any other violation of HIPMA if you reasonably believe a custodian or their agent* has acted contrary to HIPMA;

*An agent of a custodian includes their employees.

ATIPPA applies to public bodies and establishes rules that allow access to any records held by a public body, including access to an individual’s own personal information.  It also establishes rules for privacy protection of any personal information held by a public body. 

Public bodies include Yukon government departments, Yukon Housing Corp., Yukon Lottery Corp., Yukon Liquor Corp., Yukon University, Yukon Workers' Compensation Health and Safety Board, Yukon Hospital Corp., Yukon Energy Corp., and some boards and commissions established as an agent of government.