Personal medical records found in Regina dumpster

There has been another significant breach of personal information within Saskatchewan’s health system.

Wednesday night, Privacy Commissioner Gary Dickson was notified of a significant number of personal medical records being found in a south Regina recycle bin. Dickson estimates they pulled out about 1000 files, which are now sitting in his office.

“You keep those records safe until the time you shred them and they no longer serve their purpose,” said Dickson.

The Office of the Privacy Commissioner will now launch an investigation into who threw the files away, while those in the walls of power try to figure out a way to keep it from happening again.

“The government’s role is to make sure that legislation is there, and followed,” said Health Minister Don McMorris. “This is a case where obviously it wasn’t followed.”

The legislation that is in place does have very strong penalties. An individual that disposes of personal records incorrectly can be fined up to $50,000, and spend up to one year in jail. But despite several breaches occurring, a case has never been prosecuted.

“That’s the hammer, sort of the ultimate hammer, the ultimate penalty if you will,” said Dickson, who wants to finally see a case be prosecuted. “If it’s never utilized, then where’s the incentive for the trustees to always do the right thing?”

The decision to prosecute ultimately lies with the Justice Minister. Don Morgan says he wants to see a case move forward, but prosecutors have to believe there is a likelihood of a conviction.

“It’s not an acceptable message for me or for the public that there’s a sense that people are getting away with something, either through negligence or deliberate action,” said Morgan. “Either way, it’s unacceptable.”

Dickson believes that until that precedent is set, he is going to continue to see similar breaches, despite all the publicity that they always generate.

“I’m surprised by the number of breaches that come to our attention,” Dickson said. “That makes me think there may be more breaches.”