On July 1, 2024, the Quebec Commission on Access to Information (CAI) announced that the Act Respecting Health and Social Services Information (LRSSS) had come into effect on the same day. The LRSSS introduces obligations for health and social services organizations and stakeholders to protect health and social services information and provides for individual rights with regard to health and care data.

Who does the LRSSS apply to?

The LRSSS applies to health and social services organizations and stakeholders involved in the management of health data. This includes any entity covered by Quebec's health and social services system.

What rights does the LRSSS grant?

The LRSSS grants individuals various rights, including the right to:

• refuse access to their health and social services information to specific healthcare or social care staff or a category of staff;
• know what information is held about them and to access it, except when it poses a serious risk to their health;
• request the correction of their health or social services information if the information is incorrect or incomplete; and
• refuse access to their health and social services information to specific persons or categories of persons.

What obligations and requirements does the LRSSS introduce?

Among other things, the LRSSS requires organizations to:

• obtain express consent from the individual concerned before disclosing or using their health and social services information, except in cases where information can be used or communicated without the individual's consent to ensure timely access to meet users' needs;
• only collect information necessary to fulfill their mission, perform functions, or manage a program; and
• inform users about the purpose, means of collection, and their rights concerning the collected information.

You can read the press release here, and the LRSSS here, both only available in French.