The Alberta Office of the Information and Privacy Commissioner has reported the fourth conviction for privacy breaches by public sector employees.
On Feb. 5, Denise Tourneur pleaded guilty to illegitimately accessing the health information of seven individuals on 44 separate occasions at the Kaye Edmonton Clinic where she worked. The Court issued a $1,000 fine.
In addition to criminal proceedings, both employees and employers may be open to civil claims and damages in relation to the same privacy breach.
While not expressly stated in FOIPPA, these sorts of convictions support the principles behind reasonable use and disclosure, such as the need-to-know and circle of care principles. They stand as warnings to public sector employees who might be tempted to puruse personal information of colleagues, friends and celebrities. They also are a reminder to employers of the importance and value of employee training and education, policies, as well as appropriate internal records management systems, controls and audit features.
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