DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Ca: Court orders release of Ashley Smith's prison records three years after suicide

Posted on April 29, 2010 by Dissent

An interesting case from Canada indicates that the right to request your personal records be sent to a federal agency not only falls under their Privacy Act but also survives death:

A federal judge has ordered Canada’s prison service to disclose the personal files of a teen inmate who killed herself.

Federal Court Justice Michael Kelen says the Correctional Service of Canada broke the law by failing to release Ashley Smith’s records while she was still alive.

Smith was 19 when she choked herself to death with a strip of cloth at the Grand Valley Institution in Kitchener, Ont., in October 2007.

Earlier that year she had requested access to her personal prison records, authorizing their release to the Canadian Association of Elizabeth Fry Societies.

Smith had alleged poor treatment by the Correctional Service, including assault, lack of psychiatric care and frequent transfers between prisons and treatment facilities across Canada.

Prison ombudsman Howard Sapers, the correctional investigator, found she was moved 17 times in just 11 months. He harshly criticized the prison service for failing to give Smith proper care and protection.

In a ruling released Thursday, Kelen said the prison service breached the Privacy Act in not giving Smith her records, and that neither her death nor a subsequent RCMP investigation into the conduct of prison staff were valid reasons to withhold them from the Elizabeth Fry societies.

[…]

Kelen rejected the prison service’s argument that it had no legal obligation to hand over Smith’s records following her death. “I conclude that the Act intended that an individual’s right to grant access to their personal information survives their death.”

Read more on 770AM-CHQR


Related:

  • Another plastic surgery practice fell prey to a cyberattack that acquired patient photos and info
  • Two U.K. teenagers appear in court over Transport of London cyber attack
  • ModMed revealed they were victims of a cyberattack in July. Then some data showed up for sale.
  • JFL Lost Up to $800,000 Weekly After Cyberattack, CEO Says No Patient or Staff Data Was Compromised
  • Massachusetts hospitals Heywood, Athol say outage was a cybersecurity incident
  • Heritage Provider Network $49.99M Class Action Settlement
Category: Health Data

Post navigation

← KY: Data on 24,600 hospital patients missing
Ca: More than 300 charges laid in fraud case →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • District of Massachusetts Allows Higher-Ed Student Data Breach Claims to Survive
  • End of the game for cybercrime infrastructure: 1025 servers taken down
  • Doctor Alliance Data Breach: 353GB of Patient Files Allegedly Compromised, Ransom Demanded
  • St. Thomas Brushed Off Red Flags Before Dark-Web Data Dump Rocks Houston
  • A Wiltshire police breach posed possible safety concerns for violent crime victims as well as prison officers
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Almost two years later, Alpha Omega Winery notifies those affected by a data breach.
  • Court of Appeal reaffirms MFSA liability in data leak case, orders regulator to shoulder costs
  • A jailed hacking kingpin reveals all about the gang that left a trail of destruction
  • Army gynecologist took secret videos of patients during intimate exams, lawsuit says

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • As shoplifting surges, British retailers roll out ‘invasive’ facial recognition tools
  • Data broker Kochava agrees to change business practices to settle lawsuit
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Changes in the Rules for Disclosure for Substance Use Disorder Treatment Records: 42 CFR Part 2: What Changed, Why It Matters, and How It Aligns with HIPAAs
  • Always watching: How ICE’s plan to monitor social media 24/7 threatens privacy and civic participation

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net
Security Issue: security[at]databreaches.net
Mastodon: Infosec.Exchange/@PogoWasRight
Signal: +1 516-776-7756
DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.