Over-collection of Personal Information of First Nations and Inuit people for the Administration of Non-Insured Health Benefits
A complaint was filed against Health Canada alleging over-collection of personal information from First Nations and Inuit people for the Non-Insured Health Benefits (NIHB) Program. Specifically, the complaint focused on the requirement for physicians to provide diagnostic information for medical transportation and specialist services. Health Canada acknowledged that its form often led to the unintentional collection of diagnostic information not needed for claims adjudication. The OPC found that the diagnostic information collected constituted personal information and was beyond what was necessary for the NIHB Program. Consequently, the complaint was deemed well-founded, and Health Canada was asked to develop a plan for the over-collected information and to issue guidelines for future data collection.
- 1Whether diagnostic information about individual patients constitutes 'personal information' under s.3 of the Privacy Act
- 2Whether Health Canada contravened s.4 of the Privacy Act by collecting diagnostic information about patients seeking medical transportation and specialist services that was not directly related to an operating program or activity
- 3Whether the collection of diagnostic information was demonstrably necessary to achieve a specific and legitimate purpose
- Collection of personal information: Over-collection of diagnostic information found
- Necessity of information: Information collected was beyond what was necessary
- Complaint finding: Complaint well-founded
- Remedy for over-collection: Health Canada ordered to develop a plan for over-collected information
- Future data collection: Health Canada ordered to issue guidelines for future data collection
Complaint well-founded — corrective measures ordered
The OPC found that Health Canada's NIHB Medical Transportation and Specialist Referral Form led to the collection of diagnostic information that qualified as 'personal information' and was not necessary for the adjudication of claims, thus contravening the collection provisions of the Privacy Act.
The OPC asked Health Canada to develop a plan for the retention or secure destruction of the over-collected information, continue consultations with First Nations and Inuit Communities and health service providers, and develop guidelines for health service providers on what information is needed for NIHB forms.
- s.3 Privacy Act
- s.4 Privacy Act
This summary is informational only and not legal advice.
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