BreachOfPrivacy
Decisions/Federal (Canada)/Privacy Act/Over-collection of Personal Information of First Nations and Inuit people for the Administration of Non-Insured Health Benefits
Office of the Privacy Commissioner of CanadaPrivacy ActWell-founded
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Over-collection of Personal Information of First Nations and Inuit people for the Administration of Non-Insured Health Benefits

Organization: Health CanadaComplainant: Twenty physicians
Decision: Jun 8, 2017Published: Jun 8, 2017

The Office of the Privacy Commissioner of Canada (OPC) investigated a complaint that Health Canada was over-collecting personal information, specifically diagnostic details, for medical transportation and specialist services under its Non-Insured Health Benefits (NIHB) Program. The OPC found that while Health Canada's intention was to confirm policy requirements for travel, the form used inadvertently led to the collection of unnecessary diagnostic information. Health Canada has since removed the problematic field from the form.

  • Whether Health Canada collected more personal information than necessary for the administration of the NIHB Program.
  • Whether the collection of diagnostic information for medical transportation and specialist services contravened the Privacy Act.
  • The adequacy of Health Canada's NIHB Medical Transportation and Specialist Referral Form in preventing over-collection of personal information.

Complaint well-founded — corrective measures taken

The OPC determined that Health Canada's collection of diagnostic information via the 'Reason for Appointment' field on its NIHB Medical Transportation and Specialist Referral Form was unnecessary for adjudicating claims, thus contravening the Privacy Act's collection provisions. Health Canada has since removed this field and clarified its collection practices.

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Recommended action / remedy

Health Canada was asked to develop a plan for the retention or secure destruction of over-collected information and to create clear guidelines for health service providers on necessary information for NIHB forms.

Statutory provisions cited
  • s. 3 Privacy Act
  • s. 4 Privacy Act

This summary is informational only and not legal advice.