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." - --- MAP posted-by: Alex