What is the regulatory framework governing insurance providers’ access to genetic information in Quebec?
In Quebec, several legal provisions protect the confidentiality of medical files and prohibit health care professionals from disclosing their contents without authorization. Therefore, insurance providers cannot access these files without the consent of the individual concerned. The Act Respecting the Protection of Personal Information in the Private Sector and the Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information govern the collection, use, and communication of personal information. At the same time, when an insurance contract is entered into, all insurance candidates have the obligation to reveal all information pertinent to their risk evaluation (Articles 2408, 2409, and 2410 Civil Code of Quebec). If all pertinent information is not revealed at this time, the insurance provider may cancel the policy at any time. (Audet c. l’Industrielle-Alliance [1990] R.R.A.500 (C.S.Q).
In Quebec, several legal provisions protect the confidentiality of medical files and prohibit health care professionals from disclosing their contents without authorization. Therefore, insurance providers cannot access these files without the consent of the individual concerned. The Act Respecting the Protection of Personal Information in the Private Sector and the Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information govern the collection, use, and communication of personal information. At the same time, when an insurance contract is entered into, all insurance candidates have the obligation to reveal all information pertinent to their risk evaluation (Articles 2408, 2409, and 2410 Civil Code of Quebec). If all pertinent information is not revealed at this time, the insurance provider may cancel the policy at any time. (Audet c.
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