4. Know other times your information can be shared
Question & Answer
Who can see my mental health records?There are other situations when your mental health can be shared without your permission.
Assessing your mental capacity
If your says you’re not mentally capable of making health-care decisions, you can apply to the Consent and Capacity Board (CCB) to prove that you’re mentally capable.
If you apply to the Board, your health-care provider must share your mental health information with them, even if you don’t give permission.
If a family member or friend thinks you’re not mentally capable of making decisions about your property, for example, your money or home, they can ask The Office of the Public Guardian and Trustee (OPGT) to check your mental capability.
If the OPGT wants to review your health records, your health-care provider must share your information, even if you don’t give permission.
Court cases
A judge can request your mental health information from your health-care provider for a court case. Your health-care provider is allowed to share your records with that judge without your permission.
But if sharing your mental health information will seriously affect your or put someone’s safety at risk, your health-care provider can refuse to share your records with the judge. If this happens, the judge will meet your health-care provider privately in court to decide if your mental health information can be shared.
Getting advice about your rights
If you’re a patient in a , you have the right to talk to a Rights Adviser in certain situations. For example, if you’ve just become an .
A Rights Adviser is a person who helps you understand your health-care rights. But to be able to do this, they may need your mental health records. Your health-care provider can share your information with the Rights Adviser without your permission.
If you’re a patient in a psychiatric facility and need help finding a Rights Adviser, you can contact the Psychiatric Patient Advocate Office at 1-800-578-2343.
