R-22.1 - Act respecting health and social services information

Section 47 Disposition versions

Not in force

Not in force

47. The person exercising the highest authority within the body to which the researcher is attached may authorize the researcher to be informed of the existence of and to have access to the information, if the person considers that the following criteria are met:

(1)  it is unreasonable to require obtaining the consent of the person concerned;

(2)  the objective of the research project outweighs, with regard to the public interest, the impact of using or communicating the information on the privacy of the person concerned;

(3)  the security measures that will be in place for the carrying out of the research project are suitable for ensuring the protection of the information and comply with the information governance rules referred to in section 90 and the special rules defined by the network information officer under section 97; and

(4)  where the research project involves the communication of information outside Québec, the privacy impact assessment referred to in subparagraph 2 of the second paragraph of section 44 establishes that the information would receive adequate protection, in particular in light of generally recognized principles regarding the protection of personal information.

An unfavourable decision must give reasons and be notified in writing to the researcher who submitted the request.

2023, c. 5, s. 47.