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On May 8, 2003 the Ministry of Health and Long-Term Care (the Ministry) notified this office of possible breach of the Freedom of Information and Protection of Privacy Act (the Act).
On February 17, 2003 the Ministry received a request in the form of a document entitled, "Consent to Disclose O.H.I.P. Records" authorizing the disclosure of a record of claims under the Ontario Health Insurance Plan (OHIP) relating to a named individual to a particular insurance company. The individual specified in the consent form that the records to be disclosed to the insurance company were restricted to:
(a) the period between January 1998 to the present and;
(b) any records referencing medical services for hearing loss, ringing in the ears, tinnitus, headaches and head injury.
One of the Ministry's claims assessors logged the request on its tracking system on February 18, 2003 from the insurance company the next day. Another of the Ministry claims assessors was assigned the file on March 14, 2003 and she completed processing the request by retrieving and disclosing the records on March 17, 2003.
Together with a Ministry form entitled, "Disclosure of Requested Information" dated March 17, 2003 the Ministry disclosed to the insurance company a decoded summary of OHIP claims relating to the individual between the specified time period and not just those claims referencing medical services for hearing loss, ringing in the ears, tinnitus, headaches and head injury as set out in the consent form.
On April 1, 2003 a lawyer representing the individual advised the Ministry that the incorrect records had been disclosed to the insurance company. The Ministry reviewed the file on April 2, 2003 and acknowledged that the complete decoded summary provided to the insurance company covered the time period specified, but did not take into account the restriction on the consent form to records relating to a specific set of medical services.
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