The Office of the Information and Privacy Commissioner/Ontario (the IPC) received complaints under the Freedom of Information and Protection of Privacy Act (the Act) concerning the Ministry of Health and Long-Term Care from three patients at the Oak Ridge site of the Penetanguishene Mental Health Centre (the Centre). Specifically, the complaints relate to inspections of the patients’ computers and related equipment and material and the consents that patients were asked to provide in this regard.
The complainants maintain that the consent they were asked to sign was too broad and was requested, in their view, in a coercive manner such that if consent was not given, access to their computers was revoked. They feel that the impounding and inspection of their computers and related equipment under these circumstances was an inappropriate collection of their personal information and contrary to the Act.
In addition, one complainant (PC-040019-1) is also of the view that "spyware" had been installed on his computer during the course of the computer inspections. The same complainant feels that the apparent purpose of the search - to locate pornographic material, including child pornography, and copyright violations - is a criminal matter and the Centre does not have the jurisdiction to investigate criminal offences. He adds this as another reason why the computer searches should not have taken place.
Another complainant (PC-040021-1) is concerned that his CDs, containing personal information, are being stored in the nursing management office and not in a lockbox in his room as is the case with other patients.