It took nearly two-years, but a Port Hope man has finally received a decision by the Information and Privacy Commissioner concerning his request about data that was not released by the Haliburton Kawartha Pine Ridge District Health Unit.
In one word Randy Fallis sums up his thoughts on the way HKPR District Health Unit and their Board handled the matter – “shameful.”
In mid-April of 2020, Fallis requested the HKPR District Health Unit to release COVID-19 data by lower tier municipalities (12 in this area).
The Health Unit would only release COVID cases by the County. It would not go into lower tier municipalities, like Cobourg, Port Hope or townships.
The Health Unit said at the time that Fallis would have a reply, “shortly” then waited 28 days before denying his request stating the Health Unit doesn’t maintain records in the format he wanted and they were not obliged to create new records.
One of their reasons the request was denied was that it may identify a person who has COVID-19 and breach their privacy.
Even though Health Units in many other regions across the province were releasing information that Fallis was requesting.
And so the long delay began.
The Medical Officer of Health Dr. Lynn Noseworthy retired, another interim MOH was brought in and finally the current Medical Officer of Health, Dr. Natalie Bocking is in place.
In her 22-page decision, the Adjudicator, Stella Ball stated, ” I would think that the information being requested would seem to align squarely with the type of information that would enhance, rather than hinder, the health unit’s capacity to understand outbreak patterns and manage the pandemic.”
Which was exactly one of Fallis’ key points in his December 2020 request.
“Shameful!,” said Fallis.
“Isn’t it amazing and disgusting that they threw up so many ridiculous roadblocks in order to not have to publish data that was readily available for the public to access in other Public Health jurisdictions.”
“We all know this occurred daily, in other health units and identified schools, long term care facilities, employers etc. HKPR clearly doesn’t understand their role which according to the Health Protection and Promotion Act which establishes Health Units in Ontario is to “…. provide for the organization and delivery of public health programs and services, the prevention of the spread of disease and the promotion and protection of the health of the people of Ontario.”
Fallis said, “Clearly Dr. Noseworthy had another agenda other than protecting the health of the residents of this jurisdiction when she decided to refuse the request to provide aggregate Covid-19 case data by lower tier municipality.”
“And the Board of Directors supported her as is evidenced by their response to my December 8, 2020 letter to them asking that they re-consider and release the data. They flat out refused.”
“HKPR interestingly lists their Values as Trust, Engagement, Accountability and Leadership. Really?”
“Furthermore, I can’t help but point out that it was recently reported that HKPR had blown their budget this past year due to COVID-19. Yet they had lots of money to defend this ridiculous matter using outside legal counsel!”
“So I guess when they come to the County looking for more money, the County should ask how much money do you have in your legal budget? Let’s reduce that and put it to good use providing services to the public.”
In his letter to the HKPR District Health Unit Board on December 8, 2020, Fallis asks members to resolve the issue by releasing the information that was being requested and gave numerous examples through the province where that exact information was being released – even by postal code.
“Clearly HKPR has failed the people of this catchment area. While the people were trying to defend themselves and their families against this deadly disease, HKPR was withholding pubic information, information that we the taxpayers paid for, that we could have used in deciding how best to protect ourselves. I believe the Board members who supported this affront to open and transparent government should step aside and let those of their peers who will seriously provide appropriate oversight to the operations of the Health Unit takeover.”
The adjudicator, Stella Ball states in her decision, “She orders the health unit to process the appellant’s (Fallis) request and issue a new access decision under the Act for records responsive to the appellant’s request for access to seven categories of COVID-19 statistics for 12 specific municipalities, having regard to the fee provisions of the Act as appropriate. She also offers guidance to the health unit in its determination of what information can be disclosed without identifying an individual.
The adjudicator defers her decision on whether the health unit is required to publish the information sought by the appellant on its website, and she invites the health unit to consider proactively publishing the information.”
Ball also speaks about “proactive publication” in her lengthy decision.
“While I have deferred my decision on publication, I take this opportunity to invite the health unit to consider proactive publication. In the context of the ongoing COVID 19 pandemic, the IPC has urged public health units and government organizations to provide as much information as is necessary to protect public health, without naming individuals. In an open letter dated April 16, 2020, former Commissioner Brian Beamish stated that this non-identifying information could include numbers of affected individuals, demographic data such as approximate age and gender, as well as geographic locations of infected or deceased individuals, including long term care facilities or workplaces, especially if they are in a location where large numbers of people might have gathered.”
“In her Commissioner’s Message from the IPC’s 2020 Annual Report, Commissioner Patricia Kosseim offered these instructive words: It is essential to inform citizens about the public health risks of COVID-19 as the evidence evolves, and to establish confidence in the government decisions and actions affecting them and their loved ones. Our office received many media and public enquiries about the level of information public institutions could or should release to keep Ontarians safe during the pandemic. The direction from my office on this matter has been consistent — Ontario privacy laws do not prevent health authorities from sharing as much non-personal information as is necessary to protect public health, without identifying individuals. Public health units and government organizations should provide as much non-identifying information as possible to explain the risk profile of community spread and protect public health. Depending on the context, this information could include numbers of affected individuals, demographic data about infected or deceased individuals, and in some cases, even names and locations of organizations experiencing outbreaks.”
The decision of Ball stated, “I find that the requested records are records in the health unit’s control within the meaning of section 4(1) of the Act. I order the health unit to process the appellant’s access request and issue a new decision under the Act for records responsive to the appellant’s request for access to the seven categories of COVID-19 statistics for the 12 municipalities set out in paragraphs 6 and 7 above, having regard to the fee provisions as appropriate, and treating the date of this order as the date of the request for the purposes of the procedural requirements of the Act.”
Fallis stated the request from the beginning was a simple one that was being followed by other municipalities across Ontario.
Fallis is not only calling on the HKPR District Health Unit Board to resign, but they should also apologize to the people of this area for the unwarranted delay in critical information that could have been beneficial.
Today’s Northumberland has reached out to the Haliburton Kawartha Pine Ridge District Health Unit with a number of questions including a interview with the Board Chair. We will update as soon as they respond.
Author: Pete Fisher
Has been a photojournalist for over 30-years and have been honoured to win numerous awards for photography and writing over the years. Best selling author for the book Highway of Heroes - True Patriot Love
