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Ontario Privacy Commissioner Fines Windsor Doctor for Using Hospital Records to Solicit Circumcisions

The penalties are the first use of new administrative monetary powers by a Canadian privacy commissioner.

Overview

  • Commissioner Patricia Kosseim found Dr. Omar Afandi used his Windsor Regional Hospital EHR access to identify parents of newborn boys and solicit circumcisions at WE Kidz Pediatrics, a clinic he partly owns.
  • Afandi was ordered to pay a $5,000 penalty under Ontario’s personal health information law, and WE Kidz was fined $7,500 for operating without a privacy management program.
  • The investigation logged 146 searches that could have exposed information on up to 831 patients; Afandi says he texted 17 people, called up to 74, and performed one procedure as a result.
  • Kosseim characterized the decision as a cautionary tale for health startups and emphasized deterring the use of patient data for financial gain.
  • The hospital was not found in breach and had strong practices outlined, and it previously said it revoked Afandi’s privileges and notified the commissioner; WE Kidz says it is strengthening its privacy policies.