BreachOfPrivacy
Decisions/Federal (Canada)/Privacy Act/Estranged wife accessed husband’s medical records
Office of the Privacy Commissioner of CanadaPrivacy ActWell-founded
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Estranged wife accessed husband’s medical records

Organization: Department of National Defence (DND)
Decision: Oct 29, 2013Published: Oct 29, 2013

An estranged wife, employed as a civilian at a Canadian Forces Base, accessed her husband's medical records without authorization. She also deleted a physiotherapy appointment and accessed a paper file. The Department of National Defence (DND) determined this was a willful breach of rules and implemented restrictions on her access. The OPC found the complaint to be well-founded, as the access was inconsistent with the original purpose of the information and not a permissible use under the Privacy Act.

  • Unauthorized access to medical records
  • Access and use inconsistent with original purpose
  • Willful breach of departmental rules

Complaint well-founded

The access to the sergeant's medical information was not for a permissible purpose under the Privacy Act and was inconsistent with the purpose for which the information was collected. DND took corrective action by restricting the individual's access and implementing new controls.

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Recommended action / remedy

DND implemented new CFHIS controls to deal with improper access and is evaluating systems and practices related to the collection, retention, use, disclosure, and security of CFHIS files.

Statutory provisions cited
  • Privacy Act

This summary is informational only and not legal advice.