B.C. ministry ordered to hand over records in alleged domestic violence privacy breach
CBC
WARNING: This story contains details of sexual abuse and intimate partner violence.
British Columbia's privacy watchdog has sided with a woman suing the provincial government and its victim assistance program over an alleged breach of her sensitive files.
The Office of the Information and Privacy Commissioner (OIPC) has ordered B.C.'s Ministry of Public Safety to hand over the names of two government employees allegedly involved in the breach, including one accused of accessing sensitive files detailing alleged physical and sexual abuse without authorization.
The woman sought services at the Crime Victim Assistance Program (CVAP) after her husband allegedly physically and sexually abused her over several years, according to the lawsuit filed in B.C. Supreme Court last year. Her CVAP file included police statements and other information about her and her children, the suit said.
None of the allegations in the lawsuit have been tested in court.
The woman asked the ministry for access to records about her case, but the ministry and employees argued against releasing the information, saying it would be an unreasonable invasion of privacy that could harm the workers.
The privacy watchdog disagreed, ruling that the woman has a "legitimate interest" in obtaining information "so she can understand how best to mitigate the potential safety risks she faces as a result of the privacy incident."
Besides names, the ministry has been ordered to provide the woman with the employees' email addresses, telephone numbers and internal communications containing their questions, concerns, instructions and opinions about the Ministry of Public Safety's response to the alleged privacy incident. The ministry is in charge of CVAP.
CVAP executive director Marcie Mezzarobba declined to comment on the privacy commissioner's decision, referring CBC News to the public safety ministry. In a statement, the ministry said it's "unable to comment on the Office of the Information and Privacy Commissioner's order as the matter regarding the alleged privacy breach is currently before the courts in civil litigation proceedings and under a publication ban."
The ministry launched an internal investigation after the alleged privacy breach, according to the OIPC. It also locked down access to the woman's file so that it doesn't turn up in searches and has committed to providing more training for staff, the OIPC said.
The woman, who is only identified as Jane Doe in the lawsuit, alleges she suffered "humiliation, trauma," "collapse of trust in the government," and "fear of physical harm or death" from her husband as a result of the alleged breach, the suit said.
"I find that the fact that the applicant has unanswered questions about the privacy incident favours disclosure of the information that remains in dispute," wrote OIPC adjudicator Allison Shamas in her March decision.
Revealing the information also holds the public safety ministry accountable, Shamas said.
Additionally, it means the woman will be able to sue the employees, on top of the government.
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