Ca: Peterborough hospital privacy breach heading back to court

Sarah Frank reports:

The number of breached patient medical records in Ontario continues to climb as a case involving the Peterborough Regional Health Centre is set to go to a Toronto Court of Appeal later this month.

Among a number of hospitals who’ve discovered breaches in the past couple years, Peterborough’s will be the first to be dealt with in court, and according to Ottawa-based lawyer Michael Crystal, the outcome will set a precedent for each cases that follows. Mr. Crystal will head to Toronto on Dec. 15 as the Court of Appeal determines whether to allow a $5.6-million class-action suit over 280 breached medical records to go ahead.

“It’s going to be a big deal,” he says. “It’s going to make law for Ontario.”

The appeal comes after the hospital attempted to have the case thrown out and lost. It’s arguing Ontario’s privacy commissioner is responsible for dealing with the issue, not the Superior Court.

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