Your therapy records contain some of the most personal information that exists about you, and sometimes those records contain errors. Maybe a date is wrong, a diagnosis was recorded inaccurately, or a note describes something you said in a way that misrepresents what you meant. Whatever the reason, you have a legal right to ask for a correction, and your therapist has a legal obligation to respond. Requesting a correction to your therapy records in Nova Scotia is a formal process governed by provincial law, and knowing how it works puts you in a much stronger position than most people realize. This guide walks through who holds your records, what the law actually requires, how to write your request, what happens if it’s refused, and when to escalate.
What your therapy records actually contain, and why corrections matter
Most people assume their therapy records are just session notes, but the picture is broader than that. Your file likely includes intake forms, consent documents, assessment summaries, treatment plans, progress notes, any correspondence between your therapist and other providers, and possibly diagnostic impressions. Each of these is considered personal health information under Nova Scotia law.
Errors in these records can have real consequences. A misrecorded diagnosis can affect insurance coverage, disability claims, or custody proceedings. A note that inaccurately describes your behaviour or statements can follow you if records are ever shared with another provider. A wrong date of service can create billing problems that take months to untangle.
The misconception worth addressing here is that therapy notes are somehow private to the therapist, as if they belong to the clinician rather than to you. Under the Personal Health Information Act (PHIA), your therapist holds your records as a custodian, not as an owner. The information in those records is yours. The custodian has obligations around how it’s stored, used, and corrected, but the underlying information belongs to you as the subject of it.
This distinction matters practically. It means you don’t need to justify why you want a correction. You don’t need to prove the error caused you harm. You simply need to identify what is inaccurate and make your request in writing.
What counts as an error worth correcting
- Factual mistakes: wrong dates, wrong medications listed, incorrect family history
- Misattributed statements: something recorded as something you said that you didn’t say, or said differently
- Outdated information that was never updated (a diagnosis that was later revised, for example)
- Clerical errors: wrong name, wrong date of birth, wrong contact information
What is generally not correctable is a clinician’s professional opinion or clinical judgment, even if you disagree with it. More on that distinction in a later section.
The law behind your right to request a correction to therapy records in Nova Scotia
Nova Scotia’s health privacy law is the Personal Health Information Act, S.N.S. 2010, c. 41, which came into force on June 1, 2013. 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 its scope because therapists in private practice are classified as custodians under PHIA, and their staff or contractors acting on their behalf are classified as agents, both with defined obligations.
Under PHIA, you have the right to request a correction to your personal health information in writing, and the custodian must respond in writing within 30 days. That 30-day window is not a suggestion. It is a legal requirement.
There is also a federal layer. PIPEDA, the Personal Information Protection and Electronic Documents Act, applies to commercial health activities, including private psychotherapy practices in Nova Scotia. In practice, PHIA is the more specific and directly applicable law for most correction requests, but PIPEDA provides a parallel framework that reinforces the same rights.
What PHIA requires the custodian to do
When a custodian receives a written correction request, they must either make the correction or, if they refuse, provide you with a written explanation of why. If they refuse, they must attach a statement of disagreement to your file, which means your objection becomes part of the record even if the original entry stays. This is an important protection that most people don’t know about.
How to write a correction request that actually works
A correction request doesn’t need to be a legal document, but it does need to be in writing, specific, and clearly addressed to the right person. Vague requests (“I want my records fixed”) are harder to act on and easier to mishandle. Specific requests (“The intake form dated March 4, 2023 lists my previous diagnosis as Major Depressive Disorder; the correct diagnosis at that time was Adjustment Disorder, as confirmed by my psychiatrist”) are much harder to ignore.
Here is what a solid correction request should include:
- Your full name and date of birth (to identify your file without ambiguity)
- The name of the clinic or therapist holding the records
- The specific document or entry you believe is inaccurate
- What the record currently says
- What you believe it should say, and why
- Any supporting documentation you have (a letter from another provider, a previous record, a prescription label)
- Your preferred method of response and your contact information
- The date of your request (this starts the 30-day clock)
Send the request in a way that creates a record: email with a read receipt, registered mail, or hand-delivered with a signed acknowledgment. If you drop it off in person and the front desk just takes it without acknowledging it, follow up with an email the same day confirming you submitted it.
If you have questions about how a specific clinic handles records requests, the FAQ page at Wholetherapy covers some common questions about records and privacy practices.
What happens after you submit your request: the 30-day process
Once your written request is received, the 30-day response window begins. During that time, the custodian should review the relevant records, consult with the clinician who created the entry if needed, and determine whether the correction is warranted.
There are three possible outcomes:
The correction is made. The record is updated, and you receive written confirmation. In most cases, the original entry is not deleted but is marked as corrected, with the corrected version noted alongside it. This preserves the integrity of the clinical record while reflecting the accurate information.
The correction is partially made. Some of what you requested is corrected; other parts are not. You should receive a written explanation for any part that was refused.
The correction is refused. The custodian must provide a written explanation. They must also attach a statement of disagreement to your file. You can write this statement yourself, and it becomes part of your permanent record. This means anyone who later accesses your records will see that you disputed the entry.
One edge case worth knowing: if your therapist is away on leave or the clinic is in transition, the 30-day clock still runs. It is the custodian’s responsibility to have a process in place. If you receive no response within 30 days, that is itself a violation of PHIA and grounds for a complaint.
When a correction request is refused: your options in Nova Scotia
A refusal is not the end of the road. You have several options, and they are not mutually exclusive.
First, submit your statement of disagreement. This is your right under PHIA regardless of the reason for refusal. Write a clear, factual statement describing what you believe is inaccurate and why. Keep it professional. This statement travels with your records whenever they are shared.
Second, consider whether the refusal was appropriate. Custodians are permitted to refuse corrections to professional opinions and clinical judgments. If your therapist wrote “client appeared dysregulated during session” and you disagree with that characterization, that is a clinical observation, not a factual error, and the custodian may legitimately decline to change it. But if the record says you missed four sessions when you only missed one, that is a factual error, and a refusal would be harder to justify.
Third, you can file a complaint with the Office of the Information and Privacy Commissioner for Nova Scotia. The Commissioner has authority to investigate complaints under PHIA and can order corrections if a custodian has violated the Act. This process takes time, but it is free and does not require a lawyer.
If you are unsure whether your situation warrants a complaint, contact us to discuss your options, or consult directly with the Privacy Commissioner’s office.
Common mistakes people make when requesting corrections to therapy records
The most common mistake is making the request verbally. A conversation with your therapist about an error in your records is not a formal correction request under PHIA. It may lead to an informal fix, but it does not start the 30-day clock, does not create a paper trail, and does not give you the protections that a written request does. Always put it in writing.
The second mistake is conflating factual errors with clinical disagreements. Asking a therapist to remove their clinical opinion from your records because you disagree with it is unlikely to succeed and may create friction that makes the process harder. Focus your request on verifiable facts: dates, names, diagnoses confirmed by other providers, statements you can demonstrate were misrecorded.
The third mistake is waiting too long. There is no hard statute of limitations on correction requests under PHIA, but older records are harder to correct. Memories fade, clinicians move on, and supporting documentation becomes harder to locate. If you notice an error, address it promptly.
A fourth mistake, less obvious, is not keeping a copy of everything. Keep a copy of your request, any supporting documents you attached, the date you sent it, and every piece of correspondence you receive in response. If you ever need to escalate to the Privacy Commissioner, this documentation is what your complaint will rest on.
How Wholetherapy approaches records, privacy, and correction requests
Wholetherapy is a trauma-focused psychotherapy clinic in Dartmouth, Nova Scotia, and operates as a custodian under PHIA. That means the clinic has defined obligations around how your personal health information is collected, stored, and corrected, and those obligations apply to every client, whether you are receiving EMDR therapy, couples therapy, or another service.
Clients who have concerns about their records are encouraged to raise them directly. A correction request does not damage the therapeutic relationship. In fact, most experienced clinicians welcome the opportunity to ensure their records are accurate, because accurate records serve everyone, including the clinician.
If you are a current or former client with a question about your records, the process at Wholetherapy follows the PHIA framework: written request, 30-day response window, written outcome. If you are unsure how to frame your request or what to include, the clinic can walk you through the process without requiring you to navigate it alone.
Privacy rights in therapy are not adversarial. They exist because the information in your records is sensitive, consequential, and yours.
Frequently asked questions
How do I request a correction to my therapy records in Nova Scotia?
Submit a written request to the clinic or therapist who holds your records. Your request should identify the specific entry you believe is inaccurate, explain what it currently says, and describe what it should say. Include any supporting documentation if you have it. Under the Personal Health Information Act (PHIA), the custodian must respond in writing within 30 days of receiving your request. Keep a copy of everything you send and note the date you submitted it.
Can a therapist refuse to correct my therapy records?
Yes, a therapist can refuse a correction request, but they must provide a written explanation for the refusal. Refusals are more likely to be upheld when the disputed entry reflects a clinical opinion or professional judgment rather than a verifiable factual error. If your request is refused, you have the right to submit a statement of disagreement that will be attached to your file and travel with your records. You can also file a complaint with the Office of the Information and Privacy Commissioner for Nova Scotia.
How long does a therapist have to respond to a correction request in Nova Scotia?
Under PHIA, a custodian must respond in writing within 30 days of receiving a written correction request. This is a legal requirement, not a guideline. If you receive no response within 30 days, that failure to respond is itself a potential violation of PHIA and can be the basis for a complaint to the Privacy Commissioner. Make sure your request is submitted in a way that creates a record of when it was received.
What is a statement of disagreement and how do I use it?
A statement of disagreement is a written document you prepare that describes your objection to an entry in your therapy records. Under PHIA, if a custodian refuses your correction request, they must attach your statement of disagreement to your file. This means your objection becomes part of the permanent record and must be disclosed whenever the relevant records are shared with another provider or organization. Write it clearly and factually, focusing on what you believe is inaccurate and why.
Does requesting a correction to my therapy records affect my treatment?
It should not. Exercising your rights under PHIA is a legal process, not a complaint against your therapist personally, and most clinicians understand the difference. Accurate records are in everyone’s interest, including your therapist’s. If you are concerned about how to raise the issue, you can frame it as a straightforward factual correction rather than a dispute. If you have questions about how a specific clinic handles these requests, you can review their privacy policy or contact us directly for guidance.