You have the right to ask your therapist to correct information in your mental health records, and most people don’t know that. If something in your file is factually wrong, incomplete, or misleading, you can put that concern in writing and expect a formal response. Requesting a correction to your mental health records in Nova Scotia is a legal right under provincial health privacy law, not a favour your clinic can choose to grant or ignore. This post walks through exactly how that process works: what qualifies for a correction, how to write your request, what happens after you submit it, and what to do if the clinic disagrees with you. There are also a few situations most guides skip entirely, including what happens when a clinician refuses your request and why that outcome isn’t necessarily the end of the road.
What the law actually says about correcting mental health records in Nova Scotia
Nova Scotia’s health privacy law gives you a clear, enforceable right to request corrections to your personal health information. The Personal Health Information Act, S.N.S. 2010, c. 41 (PHIA), came into force on June 1, 2013, and it applies to regulated health professionals and the organizations they work within. Under PHIA, your therapist or clinic is considered a “custodian” of your health information, and their staff or contractors acting on their behalf are considered “agents,” each with defined obligations under the law.
The correction right is specific: you can request, in writing, that a custodian correct personal health information they hold about you. The custodian must respond in writing within 30 days. That 30-day window is not a guideline. It is a legal requirement.
One thing worth understanding clearly: PHIA governs how regulated health care professionals and organizations in Nova Scotia collect, use, disclose, retain, and destroy personal health information. Private psychotherapy practices fall within this framework. So if you’ve been seen at a private clinic like Wholetherapy, your records are covered.
A common misconception is that this right only applies to hospital records or government health systems. It doesn’t. Whether your file is held by a large health authority or a small private practice, the same rules apply. If you have questions about how your records are handled at a specific clinic, their FAQ page is often a good starting point before you put anything in writing.
What counts as a correctable error in your therapy records
Not everything you disagree with in your file qualifies for a formal correction, and this is where many requests run into trouble. The law is designed to address factual inaccuracies and omissions, not differences of clinical opinion.
Correctable errors typically include:
- A wrong date of birth, address, or contact information
- A misattributed statement (the record says you reported something you never said)
- A factual error about your history (wrong medication listed, incorrect family history recorded)
- Information that was accurate once but is now outdated and the file hasn’t been updated
- A significant omission, such as a relevant diagnosis or event that was left out entirely
What generally does not qualify for a mandatory correction is a clinician’s professional opinion or clinical interpretation. If your therapist wrote that you “appeared guarded during session” and you felt you were simply being thoughtful, that’s a clinical observation, not a factual error. The custodian is not required to remove or change professional assessments just because you see things differently.
This distinction matters. A client who discovers their intake form lists the wrong year for a significant trauma event has a strong correction request. A client who objects to how their emotional presentation was described in session notes has a different kind of concern, one that may be better addressed through a conversation with the therapist or by adding a statement to the file rather than a formal correction request.
How to write a correction request that actually gets taken seriously
Your request must be in writing. A phone call or verbal mention at the end of a session does not start the 30-day clock. The written format doesn’t have to be formal or legal-sounding, but it does need to be clear and specific.
What to include in your written correction request
A strong request includes the following:
- Your full name and date of birth (so the clinic can locate your file without ambiguity)
- The specific record or document you’re referring to (intake form, session notes from a particular date, discharge summary)
- The exact information you believe is incorrect or incomplete, quoted if possible
- What you believe the correct information is, and why
- Any supporting documentation you can provide (a letter from another provider, a previous record that contradicts the error)
You don’t need a lawyer to write this. A clear, factual letter or email that identifies the specific error and what you want changed is enough. Vague requests like “I want my records fixed” give the clinic very little to work with and may result in a response that doesn’t address your actual concern.
Send your request in a way that creates a record: email with a read receipt, or a letter sent by registered mail. Keep a copy for yourself. If you’re unsure who to address it to, contact us or the clinic’s privacy officer directly and ask.
What happens after you submit your correction request
Once the clinic receives your written request, the 30-day response window begins. During that time, the custodian is expected to review the information in question and make a decision.
There are three possible outcomes:
The correction is accepted
If the custodian agrees the information is inaccurate or incomplete, they must correct it. They are also required to notify anyone they previously shared that information with, if it’s reasonable to do so. This is an important detail most people overlook: a correction isn’t just about fixing your current file. It can extend to correcting information that was already sent to another provider or insurer.
The correction is refused
The custodian may refuse your request. Common reasons include: the information is a professional opinion rather than a factual error, or the custodian believes the record is accurate as written. If they refuse, they must tell you in writing that the correction was refused and explain why. They must also tell you about your right to add a statement of disagreement to your file.
A statement of disagreement is added
Even if the correction is refused, you have the right to have a brief statement attached to your record noting that you dispute the information. This statement travels with your file if it’s shared with other providers. It doesn’t change what the clinician wrote, but it ensures your perspective is part of the record.
Correcting records under PIPEDA: when federal law also applies
PHIA is Nova Scotia’s provincial health privacy law, but it isn’t the only law that may apply to your situation. The federal Personal Information Protection and Electronic Documents Act (PIPEDA) also applies to commercial health activities, including private psychotherapy practices in Nova Scotia. This means that in some circumstances, both laws are relevant to how your information is handled.
In practice, PHIA tends to be the primary framework for health record corrections in Nova Scotia because it was designed specifically for health information. PIPEDA’s correction provisions are similar in intent: you can request that inaccurate or incomplete personal information be corrected, and the organization must either make the correction or note your request in the file.
The key difference is that PIPEDA applies more broadly to personal information used in commercial contexts, while PHIA is specifically tailored to personal health information and the relationships between patients and regulated health professionals. If you’re unsure which law applies to your situation, the Office of the Privacy Commissioner of Canada handles PIPEDA complaints, while PHIA complaints in Nova Scotia are handled provincially.
For most clients at a private therapy clinic in Nova Scotia, PHIA will be the more directly relevant framework. But knowing that PIPEDA exists gives you an additional avenue if a PHIA process doesn’t resolve your concern.
What to do if the clinic refuses your request or doesn’t respond
If the clinic refuses your correction request or fails to respond within 30 days, you have options. This is the part most guides skip, probably because it’s uncomfortable to acknowledge that the process doesn’t always go smoothly.
First, if you haven’t already, ask for the refusal in writing with a clear explanation. A custodian who refuses without explanation is not meeting their obligations under PHIA. You’re entitled to know why.
Second, you can file a complaint with the provincial privacy authority. Nova Scotia’s PHIA framework includes a complaint and review process. You don’t need to hire a lawyer to do this, though legal advice can help if the situation is complex.
Third, consider whether adding a statement of disagreement to your file is sufficient for your purposes. If the error is minor and unlikely to affect your care, having your objection formally noted may be a practical resolution even if the underlying record isn’t changed.
One edge case worth knowing: if you believe an error in your mental health records has caused you concrete harm, such as affecting an insurance decision or a legal proceeding, the stakes are higher and professional legal advice is worth seeking. A privacy complaint process is not designed to award damages, but other legal avenues may be available depending on your circumstances.
Taking the next step with your mental health records in Nova Scotia
Requesting a correction to your mental health records is a straightforward legal process, but it works best when you approach it with a clear, specific, written request and realistic expectations about what can and can’t be changed.
If you’re a current or former client at Wholetherapy and you have a concern about information in your file, the right starting point is a direct conversation with your clinician or the clinic’s privacy contact. Many concerns can be resolved informally before a formal written request is needed. If you’ve already tried that and want to proceed formally, the steps in this post give you a clear path forward.
If you’re still in the process of finding a therapist and want to understand how your information will be handled before you start, that’s a completely reasonable question to ask during an initial consultation. Clinicians who work within a trauma-informed framework, including those who offer EMDR therapy, understand that trust and transparency around records are part of the therapeutic relationship, not separate from it.
You can also review Wholetherapy’s general policies or contact us directly if you have questions that aren’t covered here.
Frequently asked questions
Can I request a correction to my mental health records in Nova Scotia?
Yes. Under the Personal Health Information Act (PHIA), S.N.S. 2010, c. 41, you have the right to request in writing that a custodian correct personal health information they hold about you. The custodian must respond in writing within 30 days. This right applies to private therapy clinics as well as larger health organizations. If you’re unsure how to start, reviewing your clinic’s FAQ or contacting their privacy officer is a reasonable first step.
What if my therapist refuses to correct my mental health records?
If your therapist or clinic refuses your correction request, they must tell you in writing and explain why. They must also inform you of your right to add a statement of disagreement to your file. That statement will be attached to your record and shared with anyone who receives the file going forward. If you believe the refusal was improper, you can file a complaint with the relevant provincial privacy authority under PHIA.
How long does a mental health record correction request take?
Under PHIA, the custodian has 30 days from the date they receive your written request to respond. This is a legal requirement, not a target. In practice, straightforward corrections involving clear factual errors are often resolved faster. More complex situations, such as disputes about clinical notes, may take the full 30 days and may result in a refusal rather than a correction.
Can I correct therapy session notes if I disagree with what my therapist wrote?
Not necessarily. The correction right under PHIA applies to factual inaccuracies and omissions, not to clinical opinions or professional interpretations. If your therapist recorded a factual error, such as the wrong date for an event or a medication you never took, that’s a strong basis for a correction request. If you disagree with how your therapist described your emotional state or behaviour during a session, that’s a clinical observation, and the custodian is not required to change it. In that case, adding a statement of disagreement to your file is usually the available remedy.
Does federal privacy law also give me the right to correct my mental health records?
Yes. PIPEDA, the federal Personal Information Protection and Electronic Documents Act, also applies to private psychotherapy practices in Nova Scotia and includes correction rights for personal information. In most cases, PHIA will be the primary framework for health record corrections in Nova Scotia because it was designed specifically for health information. However, PIPEDA provides an additional avenue, and complaints under PIPEDA are handled by the Office of the Privacy Commissioner of Canada rather than provincially.