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Law firms hitting GNWT with health privacy lawsuit

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One person was taken to hospital with non-emergent injuries after a vehicle accident near Prelude Lake on Dec. 24. Brendan Burke/NNSL photo.

After a decade of private health information breaches, three law firms are slapping the Government of the Northwest Territories with a lawsuit.

The representative action, which is similar to a class action suit, follows the theft of a laptop containing 80 per cent of NWT residentsSA国际影视传媒 private health records in Ontario. The action will also draw on the confidential files recently discovered at Fort Simpson dump, among other breaches.

SA国际影视传媒淚f your information was on that disk or any of the other breaches, if the (representative) action is certified, youSA国际影视传媒檙e part of it, whether you like it or not, whether you know about it or not,SA国际影视传媒 said lawyer Stephen Cooper about the wide-ranging case.

Individuals, however, may opt-out of a final decision or settlement, he added.

The action applies to tens of thousands of people, including visitors and former residents.

SA国际影视传媒淭his will extend well beyond the Northwest Territories," Cooper said. "If youSA国际影视传媒檙e a Japanese tourist who went to see a doctor, or was hospitalized for example, we expected your records were on there.SA国际影视传媒

The territorial government hasnSA国际影视传媒檛 been notified of a claim and will not comment at the present time, Damien Healy, spokesperson for the Department of Health and Social Services told Yellowknifer.

The firms involved -- James H. Brown & Associates, Guardian Law and CooperSA国际影视传媒檚 firm, Cooper Legal -- pooled their efforts early on upon learning they were working on similar cases.

In terms of precedent, Cooper added that Clint Docken of Guardian Law has previously been involved with a similar settlement for roughly 617,000 people in Alberta. He said another case providing a SA国际影视传媒渞oadmapSA国际影视传媒 for the firms is a $1 million settlement with Bell Mobility, where the company billed northern customers for 911 service that didnSA国际影视传媒檛 exist.

However, precedent in the territories is SA国际影视传媒渇ew and far between,SA国际影视传媒 he said, explaining that SA国际影视传媒渋tSA国际影视传媒檚 a path not well-trodden.SA国际影视传媒

SA国际影视传媒淲eSA国际影视传媒檒l be figuring things out the hard way in some cases,SA国际影视传媒 he said.

In the suit, damages could total $10 million for the potentially 60,000 people involved, Cooper said.

However, itSA国际影视传媒檚 unlikely there will be substantial individual compensation.

SA国际影视传媒淭his is more about what the government has done or not done, than it is about payouts at the end to individuals," he said.

SA国际影视传媒淕overnments and institutions and large companies need to understand that they cannot act with impunity when theySA国际影视传媒檙e doing something that has a very small impact on a whole large group of people.SA国际影视传媒

In addition to one plaintiff from Fort Simpson, 20 to 30 other people have potential claims, but Cooper expects more following media reports.

SA国际影视传媒淲eSA国际影视传媒檙e going to get lots of phone calls and we have already,SA国际影视传媒 he said.

More individuals becoming involved with the case will help the firm create a database, and collect information and personal experience. More direct involvement will also include updates from the firm on the actionSA国际影视传媒檚 progress.

Cooper said the overall aim is change to the GNWT's behaviour when it comes to privacy issues.

SA国际影视传媒淚tSA国际影视传媒檚 going to hopefully have the intended impact, which is to make them wake up and start protecting this information," he said. "This is happening time and again. The public embarrassment, and whatever steps theySA国际影视传媒檙e taking to try to solve the problem, itSA国际影视传媒檚 just not working.SA国际影视传媒





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