Ontarians
Health Care Information put at Risk
June 6, 2012
Ontario’s health ministry has awarded an administrative
services contract for the
Ontario Drug Benefit Program (ODBP) to a U.S. based company,
MAXIMUS INC. Using a private U.S. based contractor potentially exposes
the health care information of millions of Ontarians to provisions of the
U.S.
Patriot Act.
ODBP offers assistance with prescription drugs, nutrition
products and
diabetic testing agents to Ontario residents who are over the age of 65,
in long-term care, have high drug costs and receive social assistance.
The Patriot Act amended the U.S. Foreign Intelligence Surveillance Act
(among many other acts) allowing U.S. agencies to apply for and be granted
access to records and personal information in total secrecy. The Patriot Act
makes it an offence not to comply with or even disclose that an order for
personal information was issued by the Foreign Intelligence Surveillance
Court.
The Treasury Board of Canada warns on their web site’s
Frequently Asked Questions section that with regard to personal
information and their interpretation of the Patriot Act “If a company
located in the United States or with U.S. connections is hired, then the USA
PATRIOT Act may be applicable.”
The Treasury Board’s interpretation is consistent with a legal opinion
obtained by OPSEU that any involvement of a U.S. company or Canadian
subsidiary of a U.S. company makes it possible that Patriot Act provisions
would apply.
The privacy concerns of Ontarians who have applied for hunting and fishing
licences were raised in Ontario’s legislature when it was revealed that
Ontario’s Ministry of Natural Resources awarded a multi-year contract to
U.S. based,
Active Outdoors to process applications for hunting and fishing licences
starting in January.
Natural Resources Minister Michael Gravelle did little to quell the privacy
concerns of Ontario’s hunters and fishers. Mr. Gravelle claimed that the
contract signed with the private contractor ensures that
Ontario’s Freedom of Information and Protection of Privacy Act will
apply.
Ontario’s Freedom of Information and Protection of Privacy Act and
Personal Health Information Protection Act are unlikely to offer
much protection to Ontarians against the sweeping powers of the Patriot Act
and do not stipulate that personal information of Ontarians be stored in
Ontario.
Please email the Premier and let him know that the best way to protect
the personal information of Ontarians is by maintaining direct control and
storing the information they collect in Ontario.
