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uildings or other structures, itsnetworks or systems, or the methodsused to protect any of thosebuildings, structures, networks orsystems, orIinformation that could reasonablybe expected to interfere withcontractual or other negotiations of athird party.A third party may give its consent to thedisclosure of the records in question.With the exception of trade secrets, if thedisclosure of information listed above wouldbe in the public interest as it relates topublic health, public safety or protection ofthe environment, the record may bereleased in whole or in part. Further, therecord may be released if the public interestin disclosure clearly outweighs any financialloss or gain to a third party; any prejudice tothe security of its structures, networks, orsystems; any prejudice to its competitiveposition; or any interference with itscontractual or other obligations.The head of a federal government institutionmust make every reasonable effort to givethe third party written notice of the request.The third party may, within 20 days after thenotice is given, make representations to thehead of the federal government institutionas to why the record should not bedisclosed. The head of the institution mustthen make a determination as to whether ornot to disclose the record, and give writtennotice to the decision to the third party. Thethird party is entitled to request a review ofthe decision by applying to the FederalCourt.Any person who has been refused accessto a record may apply to the Federal Courtfor a review of the decision. If the record inquestion affects third party interestsdescribed above, the head of the federalgovernment institution, upon becomingaware of an application for review, mustgive the third party notice of the review. Thethird party may appear as a party to thereview.PROVINCIAL LAWSPersonal Health InformationNewfoundland and Labrador, NewBrunswick and Nova Scotia have enactedpersonal health information legislation thatapplies to both the private and public sector(“Health Information Acts”). As noted above,the legislation in New Brunswick andNewfoundland and Labrador has beendeemed substantially similar to PIPEDA.Nova Scotia’s legislation has not yet beendeemed to be “substantially similar”. Thereis no health privacy legislation in PrinceEdward Island.The Health Information Acts apply topersonal health information that is collected,used or disclosed by a custodian.The terms “personal health information” and“custodian” are defined in each specific act.In general, “personal health information”includes information that relates to: thephysical or mental health of an individual;the provision of health care to the individual;payments or eligibility for health care; andregistration information. A “custodian”generally includes entities such aspharmacies, health care professionals,hospitals and health authorities.Privacy Law 86