Consent

The collection, use and disclosure of personal health information should occur only when an individual consents and knows what they are consenting to. This respects the individual’s privacy and recognizes
that their information belongs to them

If an individual gives formal written or verbal permission, it’s called express consent. It is the clearest statement of one’s wishes, but may be very difficult to obtain quickly enough in some situations. Many Canadian provinces also use another model called implied knowledgeable consent to collect and use personal health information when providing health care and treatment. Implied knowledgeable consent exists when an individual knows:

why their personal health information would be collected/used/disclosed, and
they can provide or withhold consent.

Should implied knowledgeable consent be the “standard” in New Brunswick’s new legislation for providing health care?

Should express consent be required in other situations?
What might these be, and why?

Uses without consent
Other jurisdictions also provide that in certain circumstances, the collection, use and disclosure of personal health information is permitted without an individual’s express or implied consent.
These circumstances include:
Minimizing or averting a health or safety risk
Assisting in a criminal investigation or on a court order
Determining an individual’s eligibility to receive health services
Complying with a law of New Brunswick or Canada
Planning, monitoring and evaluating the health system
Educating health service provider

Should the collection, use and disclosure of personal health information sometimes be allowed without a person’s consent? In what circumstances?