Pubdate: Sun, 09 Mar 2003
Source: Surrey Leader (CN BC)
Copyright: 2003 Surrey Leader
Contact:  http://www.surreyleader.com/
Details: http://www.mapinc.org/media/1236
Author: Kevin Diakiw

METH LAW PROMPTS PRIVACY PROBE

Surrey council is expected to vote on a controversial methadone pharmacy 
bylaw Monday that has prompted an investigation by the B.C. Privacy 
Commissioner's Office that may have sweeping implications for several other 
municipal bylaws throughout the province. A formal investigation has been 
launched into all city bylaws that require businesses to compile clients' 
personal information for use by police.

It was prompted by a discussion paper presented to city council Monday 
recommending that methadone pharmacies keep a list containing patient 
identification with copies of prescriptions for law enforcement or bylaw 
officials on demand.

Surrey is proposing the bylaw to stop the illegal trade of methadone by 
addicts on the street.

David Loukidelis, the B.C. Information and Privacy Commissioner, wrote a 
sternly worded letter to Surrey's mayor and council expressing concern 
about the city's planned bylaw for methadone pharmacies.

"I urge council, in the strongest possible terms, to change direction and 
not proceed with this bylaw," Loukidelis states in the March 4 letter 
obtained by The Leader.

He also indicates that his office is launching an investigation "respecting 
local government bylaws that compel businesses to compile personal 
information about their customers or clients and make information available 
to law enforcement authorities."

If that is found to be in violation of the Privacy Act, it could bring into 
question at least two other bylaws in Surrey - the pawn shop bylaw and the 
fireworks bylaw, both of which require vendors to compile client names for 
law enforcement officials on demand. Surrey's city solicitor Craig 
MacFarlane said that he'll be forwarding a draft version of the methadone 
bylaw at the regular council meeting on Monday.

The bylaw will require pharmacists to collect the information about their 
methadone clients, but only RCMP officers with a rank of Inspector or 
higher will be able to review the information.

"They don't need a warrant. The Freedom of Information and Protection of 
Privacy Act says we can collect personal information for law enforcement 
purposes," MacFarlane said Friday. "The Privacy Commissioner is wrong."

Loukidelis also asked Surrey for a copy of its privacy impact assessment 
regarding the methadone bylaw.

MacFarlane said the city is under no obligation to provide one.

Coun. Judy Villeneuve didn't support last week's discussion paper and has 
concerns about the proposed bylaw.

"I think people have a right to secure health information," Villeneuve said 
Friday. "It's important for us to deal with the issue (of people selling 
methadone), but how we deal with the issue is important."

Vincent Gogolek, Policy Director for B.C. Civil Liberties, said Friday he 
was troubled by Surrey's approach to its methadone problems. "This is 
medical information," Gogolek said. "People's medical records are among the 
most private and intimate pieces of personal information that you can have, 
and we don't want those bounced around."
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