Ontario Privacy Commissioner Issues Order, Guidance on Wi-Fi Video Surveillance

On June 7 2007, Ontario's Information and Privacy Commissioner (Commissioner) issued an order under the Personal Health Information Protection Act (PHIPA) which provides guidance on the use of wireless technologies by health information custodians. The Commissioner was prompted to issue the order, her fifth under PHIPA, in response to reports that a Sudbury methadone clinic had inadvertently broadcast images from a wireless surveillance it operated to anyone in the immediate area of the clinic with equipment capable of receiving the wireless signal. The clinic used the wireless surveillance system to monitor patients providing urine samples, to ensure that patients did not tamper with the samples. The Commissioner noted that because there are a limited number of frequency bands available for wireless transmission, the potential for interception of video images and other personal information transmitted via wireless technologies poses a significant threat to privacy. The Commissioner recommended that "if operators of methadone clinics or any other health information custodians intend to use wireless communications technology, they should only do so if strong, privacy protective precautions have been taken." The Commissioner further recommended that health information custodians conduct privacy impact assessments on proposed video surveillance systems; confirm that the wireless signals from such system are not capable of inadvertent interception; post clearly visible signs to inform patients of the existence of any video cameras; allow only a minimum number of staff to access the video equipment; and provide training for staff on privacy and security issues with the use of video equipment. In conjunction with the order, the Commissioner published a Fact Sheet on wireless video surveillance technologies and has indicated that a second fact sheet covering the broader range of wireless communication technologies will be forthcoming. The Commissioner's Health Order Ho-005 is available here: http://www.ipc.on.ca/images/Findings/up-ho_005.pdf The Commissioner's Fact Sheet on wireless video surveillance is available here: http://www.ipc.on.ca/images/Resources/up-fact_13_e.pdf Summary by: Jason Young