B.C. ministry ordered to hand over records in alleged domestic violence privacy breach

The British Columbia Ministry of Public Safety is facing backlash after a woman filed a lawsuit alleging a breach of her sensitive files by government employees. The woman, identified only as Jane Doe, sought services at the Crime Victim Assistance Program (CVAP) after experiencing physical and sexual abuse at the hands of her husband. Her CVAP file contained police statements and other information about her and her children.

The lawsuit claims that the woman suffered “humiliation, trauma,” a “collapse of trust in the government,” and “fear of physical harm or death” from her husband as a result of the alleged breach. The breach allegedly occurred in August 2022, months after the woman reported the abuse to the RCMP. She had fled her home and was trying to terminate her husband’s parental rights.

The Office of the Information and Privacy Commissioner (OIPC) has ordered the Ministry of Public Safety to provide the names of two government employees allegedly involved in the breach. The woman requested this information to better understand the potential safety risks she faces as a result of the privacy incident. The ministry initially argued against releasing the information, citing privacy concerns for the employees.

CVAP executive director Marcie Mezzarobba declined to comment on the privacy commissioner’s decision, referring inquiries to the ministry. The ministry stated that it is unable to comment on the matter due to ongoing civil litigation proceedings and a publication ban. An internal investigation was launched after the alleged breach, and measures have been taken to prevent similar incidents in the future.

The privacy commissioner found that the ministry “did not fully protect” the woman’s information and that she was only notified of the breach 78 days after it occurred. The ministry initially disclosed some information about the breach but withheld the names of the employees involved. The employees argued that disclosing their identities would harm their mental health and reputation.

While the employees expressed concerns about the potential impact of disclosing their personal information, the privacy commissioner ruled in favor of the woman, stating that she has a legitimate interest in obtaining the information. The decision holds the ministry accountable and allows the woman to pursue legal action against the employees.

If you or someone you know is in immediate danger or experiencing family or intimate partner violence, please seek help through crisis lines and local support services. The privacy breach in British Columbia serves as a reminder of the importance of safeguarding sensitive information and addressing privacy violations promptly and effectively.