There are two laws that provide Yukoners with rights to access information and protect their privacy: the Access to Information and Protection of Privacy Act (ATIPPA) and the Health Information Privacy and Management Act (HIPMA).

These laws establish rules that public bodies and health sector custodians must follow to collect, use, disclose, secure and manage personal and health information. The public has the right to access any records held by public bodies under ATIPPA, and the right to access their own personal health information under HIPMA. 

The IPC has the power to investigate complaints about noncompliance and other responsibilities including to inform the public about these laws.

 

Access to Information and Protection of Privacy Act (2018)

The purpose of the Access to Information and Protection of Privacy Act (ATIPPA) is to make public bodies more accountable to the public and to protect personal privacy. The Act does this by giving the public a right of access to records, subject only to limited and specific exceptions; giving individuals a right of access to, and a right to request correction of, their own personal information and; preventing the unauthorized collection, use, or disclosure of personal information by public bodies.

Independent reviews of decisions made by public bodies under the ATIPPA are conducted by the Information and Privacy Commissioner.

The Access to Information and Protection of Privacy Act (ATIPPA) was proclaimed into force on April 1, 2021 and replaced the 2002 Act. Regulations under the ATIPPA (2018) came into force on April 1, 2021.

 

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' Safety and Compensation Board Yukon, Yukon Hospital Corp., Yukon Energy Corp., and some boards and commissions established as an agent of government. 

ATIPPA establishes the following rights for individuals:
  • access any record held by a public body, subject only to limited and specific exceptions;
  • access your own personal information, also subject only to limited and specific exceptions;
  • request the correction of inaccurate personal information;
  • be informed of the purpose for the collection of your personal information;
  • expect that public bodies will protect the privacy of your personal information according to the rules established by ATIPPA for this protection;
  • request the IPC to review:
    • any action, omission, or decision by a public body that relates to your request for access to information including any refusal to provide you with access to a record or information in a record;
    • a public body’s decision to release to another person your personal or business information in response to that person’s request to access this information;
    • your complaint that a public body collected, used or disclosed your personal information contrary to ATIPPA; and
    • a refusal by a public body to correct inaccurate personal information;
  • make a complaint to our office about any other contravention of ATIPPA by a public body in administering ATIPPA, including improper processing of an access to information request, a failure to adequately search for records or assist you in obtaining access to information, improper security of personal information or the potential for unauthorized collection, use, access, disclosure, or disposal or destruction of your personal information. 

Health Information Privacy and Management Act

The purpose of the Health Information Privacy and Management Act (HIPMA) is to establish strong and effective mechanisms to protect personal health information. This involves establishing rules for the collection, use, disclosure, security, and management of personal health information, providing individuals with the right to access their personal health information or request the correction of inaccuracies, establishing the Yukon Health Information Network, and providing an independent source to provide advice, resolve complaints, and make recommendations in respect to custodians' responsibilities under HIPMA. 

HIPMA came into force on August 31, 2016. It is accompanied by the Health Information General Regulation.

 

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 Dün 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 the following rights for individuals:
  • 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.