Court Quashes Privacy Commissioner's Decision Regarding Doctors' Access To Patient Information

In Gowrishankar v JK, two physicians and Alberta Health Services (“AHS”) (collectively referred to as the “Applicants”) sought judicial review of an adjudicative order of the Office of the Information and Privacy Commissioner (the “OIPC”).  The OIPC’s adjudicator (the “Adjudicator”) had determined that the Applicants accessed or permitted access to a patient’s medical information in contravention of the Health Information Act (“HIA”).  In a ruling that has far-reaching implications on physicians’ right to access, use and disclose health information stored in the province’s Electronic Health Record, the Alberta Court of Queen’s Bench quashed the Adjudicator’s decision.

1. Background