Office of the Information and Privacy Commissioner
October 9, 2014
Office of the Information and Privacy Commissioner – Sentence Handed Down in Personal Health Information Act Matter
On October 9, 2014, Provincial Court Judge Gregory Brown handed down a fine of $1,000 in relation to a finding of guilt against Colleen Stamp (formerly Colleen Weeks). Ms. Stamp had been found guilty by Judge Brown on September 30 of an offence under section 88(1) of the Personal Health Information Act, also known as PHIA [pronounced "fee-ah"]. Judge Brown found that Ms. Stamp, a nurse formerly employed by Eastern Health, had inappropriately accessed the personal health information of patients who were not under her care.
The privacy breach was discovered through an audit by Eastern Health of Ms. Stamp’s access to patient files. Eastern Health then notified all individuals who were determined to have had their personal information inappropriately accessed by Ms. Stamp, and they also responded to inquiries received from those individuals with respect to the information inappropriately accessed by Ms. Stamp. Eastern Health was also required by provisions of the Personal Health Information Act to notify the Office of the Information and Privacy Commissioner of this privacy breach.
Following this process, several complaints were received by the Office of the Information and Privacy Commissioner from affected individuals, and on April 19, 2013, Ms. Stamp was charged with an offence under the Personal Health Information Act. Ms. Stamp was removed from her position as a nurse with Eastern Health shortly after the breaches were detected through the audit process.
This is the second conviction entered and sentence handed down under the Personal Health Information Act in Newfoundland and Labrador. On September 11, 2014, Donna Colbourne was fined $5,000 for inappropriately accessing personal health information while employed by Western Health.
Commissioner Ed Ring issued the following comment in relation to the sentencing today: "I believe justice has been served today, and furthermore with this conviction and sentencing an important message has been sent to those who might consider misusing their access to the sensitive personal health information of patients. With Ms. Colbourne's case, we saw an administrative employee of a Regional Health Authority convicted and sentenced for an offence under PHIA. With Ms. Stamp, who was employed as a nurse with Eastern Health, we've now had a registered health professional convicted of a similar offence. When patients receive treatment in the health care system, they expect their information to be handled appropriately and professionally.
"As Commissioner responsible for overseeing the Personal Health Information Act, I want to assure Newfoundlanders and Labradorians that we will hold any individual or organization accountable in circumstances such as these, to the point of laying a charge in Provincial Court if and when appropriate. I also wish to take this opportunity to thank officials of Eastern Health and Western Health for their cooperation in the investigations which led to these convictions."
The Office of the Information and Privacy Commissioner is an independent Office of the House of Assembly which oversees compliance of the Personal Health Information Act (PHIA) and the Access to Information and Protection of Privacy Act (ATIPPA).
- 30 -
Media contact:
|
Ed Ring Information and Privacy Commissioner 709-729-6309 ering@oipc.nl.ca |