Public Body: Access to the User’s Record Kept by a Public Institution in the Health or Social Services Sector
Commission d'accès à l'information
Information on the cause of death Information about the cause of death may be obtained by:
Restriction The information may be disclosed only if the deceased person left no written instructions to refuse access to the persons concerned. Information needed to exercise certain rights Heirs, legatees by particular title and legal representatives may obtain information from the user’s record of a deceased person if needed by them to exercise their rights. Persons entitled to benefits under the deceased person’s life insurance policy or pension plan may also have access to information from the user’s record. Verification of the presence of a disease The blood relatives of a deceased person may obtain information from the user’s record if needed to verify the presence of a genetic disease or a history of family disease.
To gain access to or a copy of the user’s record of a deceased person, the applicant must be entitled to receive the information and must contact the person responsible for access to information and the protection of personal information at the institution concerned.
Note An information document, called How to Make a Request for Access or Rectification to a Public Body , is available on the website of the Commission d’accès à l’information to help people apply for access to the personal information held by a public body.
Access to a user’s record is provided free of charge. Fees may be charged by the health or social services institution to cover the cost of transcribing, forwarding or copying the information. However, the applicant must be informed of the approximate cost in advance.
The institution must respond to an application within 20 days. However, this period may be extended by up to 10 days if the institution considers that it would be impossible to respond to the application within 20 days without upsetting its normal routine. In this case, it must inform the applicant in writing of the situation within 20 days from the date of the original application. Note The lack of a response after 20 days is deemed to be a refusal to provide access.
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