CDHA Privacy Breach

Moore and Schinold v. Capital District Health Authority and Zinck-Lawrence

Nova Scotia Supreme Court File: Hfx No. 390420 

A Notice of Action and Statement of Claim were filed on April 5, 2012.

Various amendments to the claim have been filed, most recently on February 18, 2016.

The case was certified as a class proceeding on March 4, 2016.

The deadline for members of the class to opt-out of the action was June 30, 2016.

On February 14, 2012, the Capital District Health Authority (CDHA), based in Halifax, Nova Scotia, issued a statement advising that they were in the process of contacting 105 patients who were subjected to a breach of confidentiality with respect to their medical records.

After a lengthy audit, it was determined that the personal medical information of these 105 patients was improperly accessed by a former employee of the CDHA. The former employee had also accessed personal information of another 15 patients on previous occasions.

While the CDHA has apologized to the individuals that had their sensitive and personal information inappropriately accessed, and are initiating steps to avoid similar incidences in the future, the fact that the records were easily accessed and viewed in an improper manner is of grave concern.

The protection of sensitive, personal and private information must be ensured and is expected to not be subject to improper access. This is especially so when it concerns hospital and medical records of patients. These individuals have a right and an expectation that this information is private and only to be used for the purposes of any medical treatment they may receive. The mere fact that these sensitive and private records were so easily accessible for untoward purposes is a highly offensive invasion of privacy.

On April 5, 2012, Wagners Law Firm filed a proposed class proceeding with the Nova Scotia Supreme Court on behalf of those patients who suffered a breach of their personal data.