REGINA - A Regina clinic has been directed to put a new process in place to protect patient health information after medical records being found in an alley prompted the involvement of the Saskatchewan鈥檚 privacy commissioner.
Records found in the alley behind Elphinstone Medical Clinic contained patient names, dates of birth, and descriptions of symptoms and medical treatment of 88 individuals, says a report by commissioner Ronald J. Kruzeniski. Most of the records found were copies of a Psychiatric Intake Form, his report stated.
Of the 88 files, 86 were Dr. Nebeolisa Ezeasor鈥檚 patients, and two were Dr. Chukwuemeka Odenigbo鈥檚.
Kruzeniski鈥檚 report indicated an employee of the clinic鈥檚 contracted cleaner had discarded the records, which were intended to be shredded, into a blue recycling bin behind the clinic. His finding was that a privacy breach occurred and that Dr. Odenigbo and Dr. Ezeasor had not taken steps to ensure the breach was contained and did not provide adequate notice to affected individuals.
Kruzeniski's report recommends the clinic immediately replace the open recycling bins in their offices and behind the front desk with ones that have a lockable cover, or that they keep paper records awaiting destruction in a locked drawer or cabinet.
He also had a number of recommendations regarding their Privacy Policy Document and the policy by which they notify patients of any privacy breach.
The breach dates back to October of last year. On Oct. 27, 2024, a person identified as Individual A in Kruzeniski鈥檚 report, saw a post on a Facebook community group about patient records being strewn outside the Clinic. Out of concern, Individual A went to investigate and found the records, loosely blown about, in the alley behind and in the empty lot north of the clinic, stated the report.
The report says Individual A retrieved what records they could find and took them home for safekeeping and on Oct. 28, 2024, they reported the matter to the Office of the Saskatchewan Information and Privacy Commissioner.
They also met with SIPC staff behind the clinic to turn over the recovered records and to show where they had recovered them. SIPC staff also swept the area outside the clinic and retrieved one additional medical record, stated Kruzeniski.
On Oct. 28, 2024, the College of Physicians and Surgeons of Saskatchewan (CPSS) also contacted Kruzeniski鈥檚 office to advise that an individual had contacted it about records 鈥渂lowing around the alley鈥� behind the clinic.
On Oct. 29, 2024, a second individual, Individual B, contacted the SIPC to state that they had also seen the Facebook community message about the records on Oct. 27, 2024. Out of concern, they indicated that they also went to the clinic on that same day to investigate and retrieved records from the blue recycling bin behind the clinic, and in the immediate area surrounding the bin. Individual B added that they reported the matter to the CPSS. On the afternoon of Oct. 29, 2024, Individual B dropped off the records they had retrieved to Kruzeniski鈥檚 office.
His report indicates that he determined that on Oct. 26, 2024, an employee of the cleaning company contracted by the clinic owner dumped medical records from open recycling bins inside the clinic and placed them, unshredded, in a big blue recycling bin behind the clinic. The open recycling bins inside the clinic indicated the contents were confidential and for shredding, said the report.
According to the report, Drs. Odenigbo and Ezeasor told Kruzeniski that the 鈥渕atter was immediately raised with the contractor, and the contractor took steps to address the employee鈥檚 performance.
Kruzeniski wrote, 鈥淎 privacy breach occurs when an unauthorized individual sees or overhears the personal health information of others being communicated.
鈥淭his brings me to the fact that other individuals who read about the records on Facebook may have gone searching, found records, and not turned anything over. I have no proof that this occurred, but it is a possibility. I add that this matter occurred on a weekend when there was a football game (October 26, 2024), at the nearby stadium. Game attendees often park in surrounding neighborhoods and walk to the stadium. Anyone walking behind the Clinic that day, or even parking there, may have come across and viewed the records and even picked some up.
"Further, there are residential areas directly behind and to the south of the Clinic that share the same alleyways. There is a possibility that records could have blown into some yards and been picked up by the homeowners. None have come forward to my office, and the Clinic has not reported that any have either, but it does not negate the fact that neighboring homeowners may have found records.鈥�
