Cape Breton Post

Top court rules against tobacco firm in health data privacy case

- BY JIM BRONSKILL

British Columbia does not have to give a tobacco company access to detailed provincial health databases to help it mount a defence in a multibilli­on-dollar damages trial, the Supreme Court of Canada has ruled.

In a unanimous decision Friday, the high court said the province cannot legally allow Philip Morris Internatio­nal to see raw data from the informatio­n banks.

The ruling is the latest developmen­t in a 17-yearold effort by B.C. to recoup smoking-related health-care expenditur­es from tobacco companies.

It could have a countrywid­e ripple effect, as all 10 provinces have filed legal suits seeking a total of more than $120 billion in damages from tobacco firms.

B.C. had argued that allowing wholesale access to individual­level health files - even with personal identifier­s removed - could unduly compromise privacy.

Philip Morris took exception and successful­ly challenged the province’s stance in the B.C. Supreme Court. The decision was upheld by the B.C. Court of Appeal, prompting the province

to take its case to the Supreme Court of Canada.

In its decision, B.C.’s appeal court said there was no serious threat to personal privacy in allowing access to the anonymized data.

The Supreme Court of Canada disagreed, pointing to privacy safeguards in B.C. legislatio­n that paved the way for court action against tobacco firms.

The legislatio­n allows for the use of statistica­l and researchba­sed

informatio­n to help advance the case and determine the amount of damages.

The B.C. databases at issue are compilatio­ns of individual health-care records on particular individual­s along with details of medical services and prescripti­on drug use.

Instead of providing the data, the province proposed a compromise that would give Philip Morris Internatio­nal and other companies restricted access through an agreement

with Statistics Canada.

Philip Morris objected, saying it needed unfettered access to the anonymized, individual­level data to assess its quality as well as the reliabilit­y of calculatio­ns based on the informatio­n.

The Supreme Court of Canada said that disclosure of such informatio­n - even after names are deleted - is barred by a provision of the B.C. legislatio­n protecting “health care records and documents of particular

 ?? CP PHOTO ?? The Supreme Court of Canada says British Columbia does not have to give a tobacco company access to detailed provincial health databases to ensure the fairness of a multibilli­on-dollar damages trial. A smoker puts out a cigarette in a public ashtray in...
CP PHOTO The Supreme Court of Canada says British Columbia does not have to give a tobacco company access to detailed provincial health databases to ensure the fairness of a multibilli­on-dollar damages trial. A smoker puts out a cigarette in a public ashtray in...

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