Supreme Court of Canada rules against tobacco company in British Columbia health data confidentiality case

British Columbia does not need to give a tobacco company access to detailed provincial health databases to help defend itself in a multi-billion dollar lawsuit, says the Supreme Court of Canada.

In a unanimous decision on Friday, the High Court ruled that the province could not legally allow Philip Morris International to see raw data from the information banks.

The decision is the latest development of a 17-year effort in BC

It helps clarify a point of view. key national interest, since the 10 provinces have sued for a total of more than $ 120 billion.

The trial date for November 4, 2019, has been set in New Brunswick, while other provinces are in the preparatory stages.

"The most important thing now is that the provinces are pursuing vigorous lawsuits. Said Rob Cunningham, a lawyer with the Canadian Cancer Society. "The sooner they can get their cases to trial, the sooner they can be solved."

b.c. He argued that allowing bulk access to individual health records – even with the personal identifiers removed – could unduly compromise privacy.

Philip Morris challenged and successfully challenged the province's position in the BC Supreme Court. The decision was upheld by the BC Court of Appeal, inviting the province to bring its case to the Supreme Court of Canada

In its decision, the BC Court of Appeal decided stated that there was no serious threat to privacy by allowing access to anonymized data. The Supreme Court of Canada disagreed, noting that privacy protections were planned in British Columbia.

Legislation allows the use of statistical and research-based information to advance the file and determine total amount of damages.

The BC The databases at issue are compilations of individual medical records on individuals, including details of medical services and the use of prescription drugs.

Instead of providing these data, the province proposed a compromise.

Philip Morris objected that unhindered access to individual anonymous data was required to badess the quality and reliability of information-based calculations.

The Supreme Court of Canada has stated that the disclosure of this information – even after the deletion of names – is prohibited by a provision of BC's legislation protecting "health insurance records and documents of individual insured individuals" .

Judge Russell Brown, on behalf of the court, noted that the Supreme Court had already found that the BC law is constitutional, adding that Philip Morris's concern about the fairness of the trial is, at best, premature.

BC legislation requires that any document relied on by an expert witness be produced at trial, which means that certain information requested by Philip Morris could possibly to be disclosed.

In addition, the law allows a court, upon receipt of a request, a "statistically significant sample" of all records and documents otherwise protected by law.

"No defendant has yet made such a claim and no court has yet had reason to consider what would constitute a" statistically significant sample "of protected material," Brown wrote. 19659002] In a statement, the OC The Department of Health welcomed the decision

"The responsibility of the tobacco companies is a priority for the province and we are doing everything in our power to ensure the success of the tobacco companies. British Columbians. "

BC Privacy Commissioner Michael McEvoy, whose office intervened in the case, described the decision as" a precedent that will further protect the privacy of citizens of this country. " province and which, hopefully, will have wider applications for all Canadians. [ad_2]
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