The Chronicle Herald (Metro)

Class action proposed in hospital privacy breach

- AARON BESWICK SALTWIRE abeswick@herald.ca @chronicleh­erald

A class action is being launched against the Nova Scotia Health Authority over a privacy breach at St. Martha’s Regional Hospital in Antigonish.

Halifax-based Wagners Law Firm filed a statement of claim with the Supreme Court of Nova Scotia on Tuesday.

The proposed class action stems from the inappropri­ate accessing of personal health informatio­n by a clerical worker at St. Martha’s between May and September 2023.

In total, 2,690 people had their personal health records accessed.

“We’re alleging that the (NSHA) should have intercepte­d the activity earlier, or someone around the employee should have alerted (managers) earlier or education efforts should have reinforced for that employee that what she was doing was inappropri­ate and that there are serious consequenc­es,” Maddy Carter, a lawyer at Wagners, told The Chronicle Herald on Tuesday.

“There are a wide variety of ways this could and should have been caught a lot earlier thereby mitigating the scope and severity of this privacy breach.”

According to an April 19 news release from the NSHA that announces the breach, the inappropri­ately accessed records included “registrati­on, demographi­c and clinical informatio­n.”

The employee was fired and the matter referred to the RCMP, who are investigat­ing.

“Nova Scotia Health will not tolerate any unauthoriz­ed access or snooping,” reads the April 19 statement.

“Any suspicion of inappropri­ate access will be fully investigat­ed and we will pursue the full force of any and all penalties available to us against offenders without hesitation, including fines and jail time where possible.”

A request for comment on the lawsuit to the NSHA made Tuesday afternoon had not received a response by 4 p.m.

The employee was caught due to an audit of records done in November 2023 by the NSHA.

Carter said she is of the understand­ing that the audit resulted from another employee raising the alarm at the hospital.

The lawsuit lists Antigonish resident Sharlene Peters as a plaintiff. However, if approved by the court as a class action, then it will automatica­lly include all people who were victims of the privacy breach.

Those wishing to pursue their own legal remedies would have to opt out of the suit.

Wagners is encouragin­g people who receive letters from the health authority notifying them that their personal informatio­n was inappropri­ately accessed to contact the firm.

“Some of those people will provide affidavits and those will be used at the certificat­ion hearing to show their experience with the privacy breach and the impacts it’s had on them,” said Carter.

“For the vast majority who have been impacted, the beauty is that they don’t have to do a whole lot. They can have access to justice and participat­e in a relatively passive way. That’s even more vital in a case like this with a privacy breach where a lot of people wouldn’t want to come forward.”

Wagners does not list an amount that it is suing for and a payout would be contingent on a settlement agreement or a victory in court.

“I do believe this is the largest-scale privacy breach whereby one individual was responsibl­e for breaching the records of so many,” said Carter.

“If you assume that the former employee spent even just one minute looking at the records of 2,690 patients, that works out to 44 hours. How that wasn’t caught is hard to fathom.”

Cpl. Guillaume Tremblay said that the RCMP continues to investigat­e the breach and it’s too early to say whether charges will be laid.

“If someone from the public believes their informatio­n is being used to commit criminal offences, suspect fraud or identity theft, please contact police to report the incident,” said Tremblay.

“We also suggest those individual­s to contact credit monitoring bureaus such as Equifax and TransUnion.”

In its letter to those affected by the breach, the NSHA is offering to pay for the cost of credit monitoring.

 ?? ?? St. Martha’s Regional Hospital in Antigonish. A hospital employee has been fired for inappropri­ately accessing patients’ personal health informatio­n, Nova Scotia Health announced Friday.
St. Martha’s Regional Hospital in Antigonish. A hospital employee has been fired for inappropri­ately accessing patients’ personal health informatio­n, Nova Scotia Health announced Friday.

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