How medical-record privacy applies to tenants
Medical records are treated as sensitive personal information. In Newfoundland and Labrador, health custodians and other holders of medical records must follow provincial privacy rules about collection, use and disclosure of health information. You can request access to your records and ask for corrections, and there are limits on what a landlord may ask for when assessing accommodation or disability-related requests.[2]
When you may need to share medical information
- To request a reasonable accommodation from a landlord, such as a service animal or accessibility changes.
- When a tribunal asks for medical evidence to decide an accommodation dispute or a rent-related hearing.
- If a health custodian requires a signed consent form before releasing records to a third party.
Landlords should only request the minimum medical information necessary to assess an accommodation request. They generally should not ask for full diagnoses or detailed clinical notes; a note confirming functional limitations or recommended supports is usually sufficient. For more about tenant rights in Newfoundland and Labrador see Tenant Rights and Landlord Rights in Newfoundland and Labrador.
Your rights to access and correct records
You can ask the health custodian that holds your file for access and request corrections if information is inaccurate. Make the request in writing, keep a copy, and note the date you asked. If the custodian refuses or delays unreasonably, you can raise a complaint with the provincial privacy office or follow the formal review process.[3]
Common situations and practical steps
- When a landlord asks for information, ask which details are necessary and request that records be limited to that scope.
- Use a written request to your health provider to get records and keep a dated copy of your request.
- Keep a private copy of any records you share with a landlord and record the date, what was shared, and why.
FAQ
- Can a landlord demand my full medical records to approve an accommodation?
- No. Landlords should only request limited, relevant information about functional impacts or restrictions rather than full clinical notes.
- How do I get a copy of my medical records in Newfoundland and Labrador?
- Submit a written request to the health custodian holding your records. Ask for a list of fees and timelines and keep a dated copy of your request.
- What if I disagree with information in my file?
- Request a correction from the health custodian in writing. If the custodian refuses, you can file a complaint with the provincial privacy office or seek help from the tribunal if the issue affects tenancy.
How-To
- Identify the health custodian or clinic that holds the records you need.
- Write a dated request asking for access or correction and include enough detail to help staff locate the file.
- Sign any limited consent form that specifies who can receive the records and for what purpose; refuse overly broad consents.
- Keep copies of what you send and receive, and note dates and the names of staff you spoke with.
- If access or correction is denied and it affects your tenancy, consider applying to the Residential Tenancies Tribunal or filing a privacy complaint.[1]
Help and Support / Resources
- Residential Tenancies Tribunal - Government of Newfoundland and Labrador
- [2] Access to Information and Protection of Privacy - Government of Newfoundland and Labrador
- [3] Department of Health and Community Services - Government of Newfoundland and Labrador
