52 (1) Subject to this Part, an individual has a right of access to a record of personal health information about the individual that is in the custody or under the control of a health information custodian unless, (a)  the record or the information in the record is subject to a legal privilege that restricts disclosure of the record or the information, as the case may be, to the individual; (b)  another Act, an Act of Canada or a court order prohibits disclosure to the individual of the record or the information in the record in the circumstances; (c)  the information in the record was collected or created primarily in anticipation of or for use in a proceeding, and the proceeding, together with all appeals or processes resulting from it, have not been concluded; (d)  the following conditions are met: (i)  the information was collected or created in the course of an inspection, investigation or similar procedure authorized by law, or undertaken for the purpose of the detection, monitoring or prevention of a person’s receiving or attempting to receive a service or benefit, to which the person is not entitled under an Act or a program operated by the Minister, or a payment for such a service or benefit, and (ii)  the inspection, investigation, or similar procedure, together with all proceedings, appeals or processes resulting from them, have not been concluded; (e)  granting the access could reasonably be expected to, (i)  result in a risk of serious harm to the treatment or recovery of the individual or a risk of serious bodily harm to the individual or another person, (ii)  lead to the identification of a person who was required by law to provide information in the record to the custodian, or (iii)  lead to the identification of a person who provided information in the record to the custodian explicitly or implicitly in confidence if the custodian considers it appropriate in the circumstances that the identity of the person be kept confidential; or (f)  the following conditions are met: (i)  the custodian is an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act or is acting as part of such an institution, and (ii)  the custodian would refuse to grant access to the part of the record, (A)  under clause 49 (a), (c) or (e) of the Freedom of Information and Protection of Privacy Act, if the request were made under that Act and that Act applied to the record, or (B)  under clause 38 (a) or (c) of the Municipal Freedom of Information and Protection of Privacy Act, if the request were made under that Act and that Act applied to the record.  2004, c. 3, Sched. A, s. 52 (1); 2007, c. 10, Sched. H, s. 19; 2009, c. 33, Sched. 18, s. 25 (5). Format of records (1.1) The right to access a record of personal health information includes the right to access the record in, (a)  an electronic format that meets the prescribed requirements, subject to any restrictions, additional requirements or exceptions that may be prescribed; or (b)  an electronic format specified by the Agency in accordance with the regulations. 2022, c. 11, Sched. 4, s. 1. Severable record (2) Despite subsection (1), an individual has a right of access to that part of a record of personal health information about the individual that can reasonably be severed from the part of the record to which the individual does not have a right of access as a result of clauses (1) (a) to (f).  2004, c. 3, Sched. A, s. 52 (2). Same (3) Despite subsection (1), if a record is not a record dedicated primarily to personal health information about the individual requesting access, the individual has a right of access only to the portion of personal health information about the individual in the record that can reasonably be severed from the record for the purpose of providing access.  2004, c. 3, Sched. A, s. 52 (3). Home and community care service information (4) Despite subsection (1), a health information custodian shall not refuse to grant the individual access to the individual’s personal health information that is described in clause (c.1) of the definition of “personal health information” in subsection 4 (1). 2020, c. 13, Sched. 3, s. 8 (18). Consultation regarding harm (5) Before deciding to refuse to grant an individual access to a record of personal health information under subclause (1) (e) (i), a health information custodian may consult with a member of the College of Physicians and Surgeons of Ontario or a member of the College of Psychologists of Ontario.  2004, c. 3, Sched. A, s. 52 (5). Informal access (6) Nothing in this Act prevents a health information custodian from, (a)  granting an individual access to a record of personal health information, to which the individual has a right of access, if the individual makes an oral request for access or does not make any request for access under section 53; or (b)  with respect to a record of personal health information to which an individual has a right of access, communicating with the individual or his or her substitute decision-maker who is authorized to consent on behalf of the individual to the collection, use or disclosure of personal health information about the individual.  2004, c. 3, Sched. A, s. 52 (6). Duty of health information custodian (7) Nothing in this Part relieves a health information custodian from a legal duty to provide, in a manner that is not inconsistent with this Act, personal health information as expeditiously as is necessary for the provision of health care to the individual.  2004, c. 3, Sched. A, s. 52 (7). Section Amendments with date in force (d/m/y) 2007, c. 8, s. 224 (7) - 01/07/2010; 2007, c. 10, Sched. H, s. 19 - 04/06/2007 2009, c. 33, Sched. 18, s. 25 (5) - 15/12/2009 2020, c. 5, Sched. 6, s. 9 - 25/03/2020; 2020, c. 13, Sched. 3, s. 8 (17, 18) - 01/05/2022 2022, c. 11, Sched. 4, s. 1 - 14/04/2022