Telus Health app non-compliant: commissioner
Alberta's privacy commissioner has concluded that Telus Health's controversial virtual health-care app does not comply with the province's privacy laws.
In a report released Thursday, the Office of the Information and Privacy Commissioner (OIPC) said the collection and use of government-issued IDS and selfie photos through the Babylon app for identity verification and fraud prevention was not compliant with Alberta's Health Information Act and the Personal Information Protection Act. Commissioner Jill Clayton's office began the investigation in April 2020, one month after the government announced the app was available to download.
At the time, doctors and the opposition NDP raised concerns that it could put patients' privacy at risk.
The commissioner's report Thursday said that Babylon went beyond what is essential.
“Other simpler, effective methods exist for this purpose, and are consistent with provincial and national guidelines for verifying identity for virtual health care purposes,” the report said.
In total, there were 31 findings and 20 recommendations made in the investigations. Among other things flagged by the commissioner's office were how health consultations are stored.
“Collecting (recording) and using audio and video consultations through the Babylon app ... is not consistent with provincial and national guidelines for providing virtual health care,” the report said.
Chris Bourdeau, spokesman for Alberta Health, pointed out in a statement that the commissioner's report notes “overall” the app collects, uses and discloses personal information for reasonable purposes and to a reasonable extent.
“That said, Alberta and the other provinces who have pioneered the use of this app, which was a useful tool in keeping Albertans safe and healthy during the pandemic, will examine the OIPC'S reports carefully,” said Bourdeau.
Dr. Keir Peterson, chief medical officer of consumer health at Telus, said in a statement the company is confident its virtual care service meets or exceeds Alberta's privacy requirements, including the matters raised in the report, and that protecting customers' privacy is important.
Babylon said in a statement it is concerned some of the points raised by the commissioner go against global standards, including those around Id-verifying technologies and the recording of digital consultations.
“These features were introduced after careful consideration by Babylon with feedback from regulators in other territories. These functions are often seen as not only necessary to protect patient privacy and data, but as the gold standard. They help to ensure patient safety, offer patient choice and deliver a high quality of service to Albertans,” it said.
NDP Opposition Leader Rachel Notley said Thursday the government should acknowledge its mistakes, and consult with physicians on whether to proceed with the app, and if so, how to do it in a way that protects the rights of Albertans. She added that potential breaches of privacy arise “when the government rushes headlong into a thoughtless decision that appeared designed to undermine the role of our front-line physicians.”