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So-called HIV / AIDS privacy violations could become class actions

The Office of the Information and Privacy Commissioner for British Columbia confirmed that the violation was reported in September 2016, and that the document was closed in December 2016.

A John Doe-only person has filed a lawsuit against the British Columbia Active Living Association (PLS), the University of British Columbia (UBC), and the Providence Healthcare Association, which BC can join. HIV positive residents.

The lawsuit alleges that an “active life” employee sent an email to its members asking recipients to participate in a study with other defendants about the quality of services provided by the community to people living with HIV / AIDS.


In an administrative ruling, Justice of the Supreme Court of British Columbia Warren Milman said: “Due to apparent negligence, the email was sent publicly to the recipient, Their email address was disclosed to other recipients with their consent. ”

The lawsuit began in August 2017, claiming to be at fault; violating various statutory duties related to the collection, use, retention and disclosure of personal information; violating privacy rights and being violated during isolation; violating trust obligations; violating contracts and warranty terms.

The defendant stated to some extent that the case should not proceed because the sending of the e-mail was unintentional and not intentional or malicious.

Both the complainant and PLS submitted affidavits to the court.

For the plaintiff, a former PLS director identified only as P.W. was a volunteer for the study and emailed him.


He said he had warned society that poor data management practices could become a serious problem, and said senior managers were not careful with data. He said he “observed that ‘staff and managers would systematically avoid being responsible for any data recording and management of them’, creating ‘a risk of substantial privacy violations.’ In addition, he said that there was a problem in the IT department, and he said to inform the operations director that the IT improvement of this incident might be prevented, and after the incident, the association’s board unreasonably refused to be “responsible” for the incident.

Another who gave the plaintiff’s affidavit said he left society after 14 years because he was “disturbed by their careless attitude towards confidentiality and privacy, especially in email communications with members “.

The claims in the plaintiff’s affidavit contradicted the claims made by the PLS-the judge said it may need to be resolved in trial.

The judge stated that those who gave affidavits to society denied warning before the incident.

“They say that P.W. has nothing to do with how PLS communicates with its members and IT upgrades P.W .. In any case, urge PLS not to stop the incident. They deny P.W.’s claims about PLS ‘response to the incident.

Millman concluded that almost all of the plaintiff’s Luck evidence was submitted to the PLS, and hardly anyone supported the UBC or Providence’s Luck discovery.

Providence’s Shaf Hussain and a spokesman for UBC reiterated a statement. Spokesman Adam Reibin said PLS could not comment on the case.


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