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ARTICLE · 01 APRIL 2022

Breach Of Privacy Claim Dismissed Where Unauthorized Access Was Fleeting And Incidental

Gardiner Roberts LLP
Gardiner Roberts LLP
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From 2007 through 2016, a nurse in Ontario stole opioids from her hospital employer on an almost daily basis, during which time she accessed the individual records of over 11,300 patients.

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From 2007 through 2016, a nurse in Ontario stole opioids from her hospital employer on an almost daily basis, during which time she accessed the individual records of over 11,300 patients. To effect the theft of the opioid pills, the nurse would access a patient's name and identification number, the hospital unit they had visited, and if applicable, any allergy information. Sometimes the screen would also show any medication they had taken during the last 32 hours. The nurse could then move on to have the hospital's automated dispensing machine release medication to her without letting anyone know that it was for her own use.

The hospital terminated the nurse's employment upon discovering the protracted series of thefts. The nurse was prosecuted and convicted of theft under the  Criminal Code and is no longer registered to practice with the College of Nurses of Ontario. The hospital itself underwent considerable regulatory scrutiny by the Ministry of Health, and

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