How do I get a copy of my file from my insurer?

The right of access

Any business that holds a file on a person must, at that person's request, confirm the file exists and give them the personal information concerning them (section 27 of the Act respecting the protection of personal information in the private sector). An insurer handling your claim holds such a file.

The right covers information concerning you — which, in a claim file, usually means a large part of it: file notes, statements, exchanges with the adjuster, reports about you.

How to make the request

The request must be in writing and made by a person who proves their identity (section 30). Address it to the insurer's person in charge of the protection of personal information; their contact details are usually in the privacy policy on its website.

Be specific: policy number, claim number, and what you are asking for — for example “all personal information concerning me in the claim file, including notes, recorded statements and reports”. Enclose identification and keep proof of sending and its date.

The deadline and fees

The person in charge must answer in writing, diligently, and no later than 30 days after receiving the request. Without an answer within that time, the business is deemed to have refused (section 32). Mark the deadline in your calendar the day you send it.

Access is free. Reasonable fees may be charged for transcription, reproduction or transmission, but the business must first tell you the approximate amount (section 33).

What can be withheld

The Act provides exceptions. The business may refuse information whose disclosure would likely hinder an investigation by its internal security service aimed at preventing, detecting or repressing an offence, or affect judicial proceedings in which either party has an interest (section 39). It must refuse information whose disclosure would likely reveal personal information about a third party and would be likely to seriously harm that third party, unless the third party consents (section 40).

But every refusal must be given in writing, with reasons, and tell you your recourses (section 34). A partial refusal that says neither what is withheld nor why does not comply.

If the insurer refuses or does not answer

You may apply to the Commission d'accès à l'information to examine the disagreement (section 42). Where the disagreement stems from a refusal or a failure to answer, you must do so within 30 days of the refusal or of the expiry of the response deadline (section 43). The Commission may relieve a person of that deadline for a reasonable cause, but do not count on it.

For a life insurance beneficiary

A deceased person's information is not freely available to their family. The business must refuse to release it to the liquidator, a life insurance beneficiary or an heir — unless the disclosure bears on the interests and rights of the person asking in that capacity (section 41). A beneficiary whose claim has been denied can therefore obtain what bears on that claim.