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Your medical records may contain information about you which you would rather keep private. It is widely believed that medical records are privileged information, but this is not always true.
In Alberta, the Freedom of Information and Protection of Privacy Act states that disclosure of medical records is presumed to be an unreasonable invasion of a person's privacy, but there are numerous exceptions.
A person charged with a crime is entitled to make a "full answer and defence" to the charges. If that involves the disclosure of medical records, the Judge may examine the records and must provide relevant portions to the defence.
Medical information must also be revealed where there is a claim for damages for personal injury. Proof of the personal injury is made by supplying the claimant's medical records.
If a person has executed a Power of Attorney or a Personal Directive, allowing another to act as attorney or agent upon incapacity, the Powers of Attorney Act and the Personal Directives Act allow the attorney and agent to review the donor's medical records in order to give consent for treatment.
Similarly, the Dependant Adults Act allows a Court to appoint a Guardian or Trustee to handle the affairs of a person who is unable to make reasonable judgments or to care for him or herself. A guardian has broad decision-making authority with regards to the dependent adult, including the power to consent to health care in the best interests of the dependant person.
The protection of confidentiality of medical records is extremely important. Equally important is the need to be aware of the circumstances where your health records may be disclosed to others. If you are involved in proceedings where disclosure of medical records may become an issue, you would be well advised to consult with your lawyer.