P-9.0001 - Act respecting the sharing of certain health information

Section 16 Disposition versions

2013-06-20

16. The agreement also sets out the cases and circumstances in which and the conditions under which the operations manager of a health information bank in a clinical domain may entrust all or some of the services dedicated to hosting, operating and using the health information bank under its management to a third person, by means of a mandate or a service contract or contract of enterprise.

If the operations manager entrusts those services to a third person, that manager must

(1)  see that the mandate or contract is in writing;

(2)  specify, in the mandate or contract, the provisions of this Act that apply to the information released to the mandatary or the person performing the contract, as well as the measures to be taken by the mandatary or person performing the contract to ensure, among other things, the security and the confidentiality of the information and to ensure that the information is used only for carrying out the mandate or performing the contract and that it is not kept after the expiry of the mandate or contract;

(3)  before awarding the mandate or entering into the contract, obtain from the third person a written undertaking that the health information released to that person receives protection equivalent to that afforded under this Act, and make sure that undertaking can be fulfilled; and

(4)  before releasing the information, obtain a written confidentiality agreement from every person to whom the information may be released.

A third person carrying out a mandate or performing a contract referred to in the first paragraph must notify the operations manager and the Minister without delay of any violation or attempted violation of an obligation concerning the confidentiality of the information released, and must also allow them to verify compliance with confidentiality requirements.

2012, c. 23, s. 16.