Brian Dressler Medicine Professional Corporation

  • June 07, 2007

Brian Dressler Medicine Professional Corporation, order HO-005 of the Information and Privacy Commissioner/Ontario, 2007-06-07. Ann Cavoukian, PhD. A video image of a woman using a washroom in a methadone clinic was intercepted by a wireless device located in a car near the Clinic. On page 7 of the order, the Commissioner writes, "In the present case, at the time that the Clinic broadcast the video image, a "record" was created in the sense of an account of something that occurred ..., specifically, a woman using the washroom to provide a urine sample. That record was created electronically in the form of encoded data. The wireless transmission of this data is analogous to a conversation, in which sound is "encoded" with information through the use of language." She subsequently goes on to write, "Further, I find that when the CCTV camera captured the image of the woman, the Clinic created information in "recorded form" under section 4(1) of the (Personal Health Information Protection) Act."