Wednesday, September 22, 2010

“Totally, Totally Illegal” under the Federal Privacy Act

Canadian Press reports on an emerging scandal centered on Stephen Harper's Conservative government:

Confidential medical and financial information belonging to an outspoken critic of Veterans Affairs, including part of a psychiatrist's report, found its way into the briefing notes of a cabinet minister.

Highly personal information about Sean Bruyea was contained in a 13-page briefing note prepared by bureaucrats in 2006 for then-minister Greg Thompson, a copy of which was obtained by The Canadian Press.

...Mr. Bruyea has filed a formal complaint with the federal privacy commissioner, whose investigation continues. He has also filed a court challenge, claiming a breach under the Charter of Rights and Freedoms.

...Retired colonel Michel Drapeau, a lawyer and expert in privacy law, expressed shock on viewing the documents. Mr. Drapeau said it was the worst breach of privacy he'd seen in decades of practising law, calling it “totally, totally illegal” under the federal Privacy Act, which allows for the collection of information for specific purposes.

“The way I read the briefing note, it clearly comes across that this is a way to impugn his reputation and to come across as someone who is less than stable, less than able to speak confidently and accurately about veteran's issues,” Mr. Drapeau said in an interview Tuesday.

- Garry J. Wise, Toronto

Update:

More on this from CTV: Psych report of veterans critic improperly accessed. Galloping Beaver also weighs in: What?!!!
- GJW
Visit our Toronto Law Firm website: www.wiselaw.net

6 comments:

Ardvark said...

"part of a psychiatrist's report"

You might want to read that again.

"from a 2005 letter from Mr. Bruyea's psychiatrist that warned his “mental condition is deteriorating and he is now actively experiencing suicidal ideation,” a condition the doctor suggested was the result of the department's treatment of him."

The letter was to veterans affairs, not from a psychiatrists report, and since they were paying for this guys medical bills and had his claims, of course they know what type of conditions he was suffering from.

double nickel said...

@Ardvaark...you might want to rethink this issue. Even if the VA had some valid reason for requesting a letter from Mr. Bruyea's psychiatrist, the politicians have no right to see that information. One of the problems with this country is that the line between the civil service and the government has become non-existent.

double nickel said...

Furthermore: (from the G&M):
The material appears to have been shared with an additional 243 individuals, including both Liberal and Conservative political staffers, through briefing notes and e-mails during the 2006 transition between governments.

The document path even went as high as the Prime Minister's Office when, on March 21, 2006, a mid-level staffer called Mr. Bruyea and urged to him call off a news conference slated for that day where he publicly urged the Conservatives to hold off enacting the charter.

Robert G. Harvie, Q.C. said...

Let me understand this.

Mr. Bruyea makes a formal complaint about how he was denied benefits he felt he was entitled to as a former Canadian soldier.

HE supplies letters and information to government beaurocrats saying, "Look at the problems I'm having, why aren't you properly addressing my claim."

The beaurocrats then start doing what they do. Review medical records, passing them amongst themselves, seeking other opinions - because there is no such thing as any decision being made by ONE person in government.

Then, as Mr. Bruyea becomes a public figure, and repeatedly discloses that he suffers post-traumatic stress disorder and that veterans are being ignored and not properly treated.. and as he in fact testifies before Parliament - his file gets, no doubt, EXTRA attention, to determine if in fact he WAS mistreated.. he complains.

Really.

I'm sure he would have been happy if, in response to his complaints, his file was just stamped "Reviewed" by one government lacky and filed away.

I'm sure he would have been pleased to know that to protect his privacy, no one else would ever review the initial decisions he complained about.

I'm sure.

And.. correct me if I'm wrong.. but until Mr. Bruyea disclosed his "suicidal ideation", I'm pretty sure none of that became public.

He made it public.

And now he wants to complain about it.

*yawn*

double nickel said...

@RG.. clearly you don't understand the situation at all. How did his medical records get into the hands of the politicians? Furthermore, how did you reach the conclusion that Mr. Bruyea disclosed his suicide ideation to anyone? That was the opinion of his psychiatrist...not a piece of information he circulated himself to Mr. Harper or his cabinet as far as I can see.

double nickel said...

More:

The privacy documents show 614 people within Veterans Affairs accessed Mr. Bruyea's computer file between 2001 and 2010, records that are kept in a password-protected computer database. Of those, 156 exchanged varying amounts of personal information, according to a trail of internal e-mails.