Federal (Canada)Privacy ActWell-founded

Psychiatric nurse forgets ex-inmate’s treatment file on bus

Organization: Correctional Service of Canada (Keele Community Correctional Centre)Complainant: Anonymous applicant
Plain-language brief

A former inmate at Toronto's Keele Community Correctional Centre complained after a psychiatric nurse employed by the facility left an envelope containing his treatment notes on public transit. The director of the centre acknowledged the privacy breach, apologized, and stated that internal actions were taken to prevent recurrence. The nurse was reminded of his duty to safeguard personal information and not to transport patient files from the office unless encrypted. The OPC's investigation confirmed the privacy breach and found the complaint to be well-founded. However, the OPC also concluded that the facility had taken appropriate corrective measures following the incident.

Key issues
  1. 1Whether the psychiatric nurse's actions constituted a privacy breach
  2. 2Whether the institution took appropriate corrective measures after the breach
Outcome breakdownFavours: Both, in part
  • Privacy breach: Breach confirmed
  • Corrective measures: Measures found appropriate
Outcome

Complaint well-founded, but resolved by corrective measures

Reasoning

The OPC found that a privacy breach occurred when the nurse lost the complainant's treatment notes. However, the institution took satisfactory corrective actions, including reminding the nurse of his obligations and implementing a policy against transporting unencrypted files.

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Decision notes
Recommended action / remedy

The institution reminded the nurse of his duty to safeguard personal information and instructed him not to transport patient files from the office unless they are encrypted.

This summary is informational only and not legal advice

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