Update on Health Canada MMAR privacy breach - Branch MacMaster

TheRealDman

Well-Known Member
All the attorneys are shaking their heads on this one. They have been pressing settlement since the privacy commissioners report. That report is literally a smoking gun! Unsure as to why this Gov wouldn’t settle a previous Gov mess? Usually politicians brag about cleaning up previous Gov’s fukup. The whole thing is kinda strange, given the damaging evidence that will eventually be before the court?
 

VIANARCHRIS

Well-Known Member
Called today for an update....

They are still waiting for Justice Phelan to decide on a single procedural issue. The class action has been certified by Phelan, but cannot move forward until he releases this decision. I was told is nothing major and the decision will have no bearing on whether the class moves on to trial. That’s right, we haven’t even started the trial yet.

The lawyers have been reminding the Gov that their own privacy commissioner ruled that a breach did in fact occur. Slam Dunk! It would be in everyone’s best interest to settle, but the Gov feels it’s better wasting more taxpayers money on a fight that they will surely loose in court. The lady I spoke to today said she is hopeful for a decision from Phelan before Summer recess, but she’s not holding her breath.

Whenever Phelan gets around to dropping his decision, notifications will be sent out looking for plaintiffs who are willing to be deposed. After that, discovery, then we finally open up the trial. If the Gov is still insisting to fight at that point, it will likely be further delayed until after the next Fed election in 2019.
Thanks for the update. We need to put pressure on Ottawa and Phelan to get this show going. I'm going to try to drum up some media interest. What if we all filed separate $50K lawsuits?
 

GrowRock

Well-Known Member
That’s a great idea Chris. If there could Be a generic filing everyone could do like the gold stars papers that John turmel filed. then made a free template for everyone to use to file. If everyone filed they would have to do something.
 

GrowRock

Well-Known Member
I have a copy of the privacy commissioners findings from when I filed a complaint when the letter first arrived. Now if I only had enough for a lawyer to represent me in court. Like everyone has said before. The fact of the matter is the PRIVACY COMMISSIONER OF CANADA found that hellth Canada violated 40000 people’s privacy!!! How much more of a smoking gun for evidence would one need?
 

VIANARCHRIS

Well-Known Member
  1. We conclude that the reference to the MMAP in HC's return address in combination with the name of the addressee, constitutes sensitive personal information under the Privacy Act. HC has not satisfied the OPC that it had appropriate consent for the disclosure of this information, nor did it establish that any of the permissible disclosures under section 8(2) of the Act would apply in the circumstances. We accordingly conclude that HC was in contravention of the Act. Therefore, the complaints are well-founded.
 
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