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Folders confidentiality

Confidentiality of the files    

The Québécois Charter of the rights and freedoms of the person recognizes your right to the respect of the professional secrecy. Moreover, this charter recognizes, with the Civil code of Quebec, your right to the respect of the confidentiality of the personal information concerning you. That wants to say that following information cannot be revealed without your authorization: the confidential information which you entrusted to your doctor, to the personnel male nurse, to the social worker, to the psychologist or any other professional of some establishment that it is. 

For example, personal information which you give to your doctor, during an interview, on: the relations which you have with your family or your spouse; your personal history in connection with your physical and mental health, your practices of life, the health of your family; your intentions of all kinds. 

The confidential information which you entrusted to an employee of an establishment in the performance of its duties or to a member of a Community organization. 

For example, personal information which you communicated to an employee with the recipients during a conversation in the room of leisures or with the living room. The confidences which you made with an employee in the performance of his duties. The remarks which you entrusted to a member of a group of defense of rights in the exercise of its functions. All the information contained in your file, which they are of medical or social nature; we remind to you that this one is confidential. 

For example, your file contains information concerning

• Your diagnosis;  

• Your treatment;  

 • The analyses which you had as well as the results of these analyses;  

 • Your medical and social antecedents;  

It contains also the notes of observation of the personnel male nurse. All this information is confidential. The professional or the person to whom you entrusted this information or which, in the performance of its duties, was informed of this information, must maintain the secrecy of it. This confidential information can be revealed only with your assent or in situations envisaged by the law: 

• If you are put under guard in establishment and that you are represented by an agent, a tutor or a curator, the establishment has the obligation to inform this one of your setting under preventive guard or your guard in establishment following a psychiatric evaluation; it must also inform it of the end of your guard:  

For example, your doctor must inform your family or a close relation, if necessary: 

• Of your admission under guard in establishment;  

• Of the approaches or the treatments used to improve your health.  

YOUR RECOURSE 

If a professional or any other employee of an establishment reveals, without your assent of the confidential information on your subject, different resort are offered to you. You can carry felt sorry for against this professional or this employee, directly with the establishment in question. If it is about a professional, you can moreover deposit one complaint with the occupational corporation to which he belongs. If you are dissatisfied follow-up of your complaint or your complaints, other recourse more complex are possible. You can, in all the cases, to consult the group of defense of rights of your area or, if it is necessary, the committee of the users of the establishment concerned. In the case where, for example, a member of a Community organization reveals, without your authorization, of the personal information on your subject and that this revealing causes you probably a damage under the terms of the Québécois Charter of the rights and freedoms of the person, you can: to exert a recourse under the terms of article 49 of the Québécois Charter of the rights and freedoms of the person.