In June 2019, changes to New Brunswick legislation provided for the New Brunswick Ombud’s Office to assume the oversight role for the Right to Information and Protection of Privacy Act and the Personal Health Information Privacy and Access Act. This role was formerly performed by the Office of the Integrity Commissioner. As a result of the legislative changes, the Office of the Ombud for New Brunswick created the Access and Privacy Division.
Under the Right to Information and Protection of Privacy Act, members of the public have a right to request information held by Provincial public bodies and file complaints with New Brunswick Ombud’s Office, if they are not satisfied with how a public body handled their request. Public bodies also have obligations to handle people’s personal information in accordance with the law, and the public can ask the New Brunswick Ombud’s Office- Access and Privacy Division, to investigate if they think their information has been mishandled.
Under the Personal Health Information Privacy and Access Act, members of the public have a right to access their own personal health information held by health care providers in both the public and private sectors in New Brunswick. Health care providers also have obligations to handle personal health information in accordance with the law, and the public can ask the New Brunswick Ombud’s Office- Access and Privacy Division, to investigate if they think their information has been mishandled. Health care providers are also required by law to notify their patients/clients as well as the Ombud if there is a privacy breach of their personal health information.
Under both of these laws, the Ombud has the power of recommendation to address non-compliance issues. The Ombud also has the authority to provide input and feedback to public bodies and health care sectors about the administration of these laws.
Finally, the Ombud must inform the public about all of these mandates.