Saskatchewan privacy commissioner dumpster dives to recover medical files

REGINA - Dumpster diving isn't something Saskatchewan's privacy commissioner makes a habit of, but this time Gary Dickson says he was left with little choice.

Dickson and two assistants had to wade through a massive recycling dumpster this week to recover medical files. They sorted through paper more than 1 1/2 metres deep after getting a tip directing them to the container behind the Golden Mile Shopping Centre in Regina.

"People would have every right to be concerned, to think that their most personal information is in a large recycling bin for anybody (to read)," Dickson said Thursday.

"In this case, you could stick your hand in through one of the small windows and pull out a file and look at your neighbour's hysterectomy report or whatever.

"It's important ... that people in our province have some sense of comfort that when one of these things is disclosed, this kind of a breach, that it's dealt with immediately and their information is safe and is protected. So we seized all of this stuff immediately and the only way we could do that was getting into the recycling bin."

It took a couple of hours to go through the dumpster. Dickson estimates they found more than 1,000 files that should have been shredded.

Whoever tossed the files had to know what they were, he said.

"There was no way this was caught between a couple of old newspapers. No, this was a large volume. Somebody would have had to make numerous trips or either had a massive cart to haul this stuff out to the recycling bin in the first place," said Dickson.

"It would take some time and some considerable effort to dispose of all these things in that fashion."

He's trying to track down who was responsible for throwing out the data, which contained lab results, diagnostic images and other personal health information.

It isn't the first time Dickson has been called about abandoned medical files and he's disappointed that problems keep arising.

The commissioner said doctors, regional health authorities and other health professionals have long been told to follow Saskatchewan's Health Information Protection Act. The act says trustees have to safeguard personal health information in their custody.

There are fines of $50,000 for individuals and $500,000 for organizations for breaching the act.

Dickson said part of his frustration is that no one has ever been prosecuted since the law was enacted in September 2003. He's concerned about what message that sends about the importance officials attach to health privacy breaches.

Justice Minister Don Morgan said the prosecutions branch decides what to pursue on a case-by-case basis and isn't going to "engage in a witch hunt."

But Morgan acknowledged the public is left with the impression that people are getting away with something.

"Of course they have that impression. I mean I have that impression and I don't like it," said Morgan.

"It's being investigated. Maybe this will be the one, and I certainly hope that this would be the one, that would lead to a prosecution."

Health Minister Don McMorris said it was disconcerting to have the privacy commissioner dumpster diving for medical records.

"Absolutely unacceptable," said McMorris.

"The government's role is to make sure that legislation is there and followed. This is a case where obviously it wasn't followed."

McMorris said the government has been talking with the Saskatchewan Medical Association and the College of Physicians and Surgeons of Saskatchewan about strengthening rules for dealing with personal records.