Investigation Results in Charges under the Personal Health Information Act for Two Individuals

Information and Privacy Commissioner Ed Ring announced today that two individuals have been charged with offences pursuant to section 88(1)(a) of the Personal Health Information Act (PHIA). These charges are the result of two separate investigations conducted by staff of the Office of the Information and Privacy Commissioner stemming from complaints received in 2012. One of the individuals charged is a former employee of Eastern Health, while the other individual charged is a former employee of Western Health. Both individuals are alleged to have improperly accessed the personal health information of a number of patients.

The Commissioner was informed by Eastern Health and Western Health of the privacy breaches when they were discovered. In compliance with PHIA, both regional health authorities also notified patients whose information they believed had been improperly accessed. As a result of these notifications, the Commissioner received complaints in relation to both accused individuals, alleging that the former employees had improperly accessed the personal health information of patients. Audits of electronic medical records were conducted by Eastern Health and Western Health, and two separate investigations conducted by the Commissioner’s staff confirmed that charges were warranted against both individuals.

The first appearance on the matter involving the former Eastern Health employee is set for Friday, May 3, at Provincial Court in St. John’s, while the matter involving the former Western Health employee is set for Tuesday, May 28, at Provincial Court in Corner Brook.

Newfoundland and Labrador’s Personal Health Information Act establishes how personal health information is to be handled. It protects privacy as well as the rights of individual citizens to access their own personal health information.

The Commissioner’s role is to oversee both ATIPPA and PHIA, to try to ensure that the laws are being followed, and to investigate complaints from citizens who believe the laws are not being followed.

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Media contact:
Ed Ring
Commissioner
Office of the Information and Privacy Commissioner
709-729-6309

2013 04 25                             9:30 a.m.