B.C. watchdog 'appalled' by loss of health records sent from N.B.

British Columbia's information and privacy commissioner David Loukidelis has received a commitment from theHealth Ministry that it will no longer accept the transfer of unencrypted data, a policy the commissioner said left him "appalled."

The medicare records of 485 New Brunswickers and 133 British Columbians were lost after four unencrypted magnetic tapes were sent in early October. The lost information includes patient names, medicare numbers, ages and sex.

"I am deeply concerned that unencrypted personal data has apparently been shipped in a manner that on its face doesn't meet the ministry's legal duty to take reasonable steps to protect personal information," Loukidelis said in a press release.

The data was being transferred under an agreement to share information about residents of one province using the health system of another.

New Brunswick Health Minister Mike Murphy notified the province's legislature on Tuesday of the lost data.

He said the data was unencrypted at B.C.'s request.

"British Columbia is the last province to be receiving this by the old tape process. Every other province receives and sends its information encrypted on a DVD with a password," Murphy said.

The province has also issued a directive to British Columbia stating it will now only send billing information on encrypted compact discs rather than the outdated cartridge format that has been in use since 1989.

But B.C.'s Health Minister George Abbott said his province is not the only Canadian jurisdiction lagging in the technology needed to protect the private information of its citizens.

"We are trying to understand some of the comments that were made by the New Brunswick minister of health," Abbott said.

Several provinces still don't encrypt data, which is why the transfer of health information between provinces is so complicated, the minister said.

Records considered lost, not stolen

Loukidelis and New Brunswick ombudsman Bernard Richard are investigating the loss of the health-related billing information.

The cartridges were sent by courier to Richmond, B.C., on Oct. 3. Records show they arrived on Oct. 5, but somehow vanished without getting into the hands of provincial health officials.

New Brunswick health authorities were not informed the records were missing until Oct. 25, and Murphy said the province's director of medicare operations was not told until Nov. 29.

Murphy and the department's assistant deputy minister weren't advised of the situation until Dec. 6.

"As far as we know, nothing like this has ever happened before," Murphy said. "We immediately advised as of a few days ago that any time any such breach were to occur that senior management is to be immediately advised. The individual concerned thought that somebody else was doing some work on this and apparently was wrong."

There is no evidence the records have been intercepted and are being misused, Murphy said.

The tapes are being treated as lost, not stolen, said Abbott.

"That having been said, this is very concerning, given we don't want to have this kind of material go awry. We're taking steps to ensure this kind of situation doesn't happen again."

New Brunswick patients whose confidential records are missing are being informed of the loss by mail and being presented with the opportunity to have new medicare numbers issued.