Dec
15
2025
Understanding Consent and Health Information
Consent—giving permission for something to happen—is an important part of collecting and sharing health data.
Knowledgeable consent is required by law and means you understand what’s happening to your personal health information and for what purposes, and you agree to it. If you’re unsure, speak up and ask questions. Good care starts with clear communication.
Here are two different types of consent that are used when it comes to your personal health data and information.
Express Consent
How it works:
- When someone clearly and directly asks you if you agree to share your health information.
- This consent is usually needed when your information will be shared for something other than routine care. Your consent is documented, and you can say yes out loud, in writing (including electronically), or in another clear way.
Examples:
- Seb registers to be an organ and tissue donor using an online form.
- Tracy, as a substitute decision maker for her ailing mother, completes a Request to Access or Disclose Personal Health Information form.
Implied Consent
How it works:
- When it is assumed, based on the situation or your actions, that you agree to the collection or sharing of your personal health information with a health care provider.
- It’s typically part of routine care.
- If a health care provider gets your health information for something you agreed to, they can assume you still agree and keep using or sharing it for that same reason. This is called continuing implied consent.
Examples:
- David has a follow-up appointment with the rehab team after his knee surgery. He provides them with an update on his at-home exercise program and pain level and the team records it in his medical chart.
- Jasmina’s seasonal allergies are acting up. She makes an appointment with her local pharmacist and shares a brief health history and her current symptoms. After reviewing her list of current medications, her pharmacist prescribes nasal spray.
- Andrew visits the emergency department (ED) with chest pain and is helped by a team of health care providers. His initial implied consent to receive emergency care covers the sharing of his medical data among the team, including:
- An Emergency Department physician who assesses his condition
- A nurse who monitors his vitals and administers medication
- A radiology technologist who performs a chest X-ray and ECG
- A cardiologist who is consulted
