BUSINESS AND LEGISLATION BREACH OF PRIVACY By way of contrast, some breaches of privacy are Breaches of privacy under PIPEDA encompass a more offensive and cause distress, anxiety, or broad range of activity. Some breaches can be embarrassment in their victims. For example, a trifling and largely inoffensive. For example, in woman who had recently given birth at a one case, an individual (Mr. Randall) complained Scarborough, Ontario, hospital filed a complaint because the gym to which he belonged divulged with the Privacy Commissioner because a company to his employer how often he used his gym selling registered education savings plans (RESPs) membership-a benefit partially paid for by the had contacted her as a potential customer. This is employer." The Privacy Commissioner determined not problematic in itself; the issue arose because that the complaint was well founded because the the woman's maternity patient information (name, gym had disclosed Randall's personal informa- contact information, and dates of hospital visits) tion (in the form of his fitness centre usage) were stolen by a hospital employee and handed over without his consent." It recommended specific to an employee of the RESP company in exchange improvements to the gym's privacy procedures for money. Maternity patient information was and documentation.12 Randall then took the step being acquired and used by the employee to obtain of suing the gym for the acknowledged breach of sales leads. The Privacy Commissioner determined privacy, seeking $85 000 in damages. However, that the complaint was well founded because the court refused to award any damages at all personal information had been divulged and because the disclosure did not cause any injury recommended changes to the RESP company or loss to Mr. Randall, was itself minimal, and procedures, including how it could better ensure was not the result of bad faith but a simple respect for privacy.14 Additionally, a $400 million misunderstanding. 13 class action is being pursued against the hospital on behalf of over 8000 maternity patients. As discussed in Chapter 4 in more detail, a class action is a lawsuit launched by someone who represents a class of persons having similar claims against the same defendant. Megan Ware, who gave birth to her son James in 2010 at the hospital in question, reports that her privacy was breached by the hospital. She joined the class action suit and said this to the Toronto Star: "You're vulnerable. The vulnerability that you feel when you don't really know where your information-my information, as well as my child's information-has ended up."15 Another maternity patient whose records were also Tanya Taylor, pictured with her daughter, was the victim of a privacy stolen, Tanya Taylor (pictured in this box with one breach while a maternity patient. of her children), admitted to the press that she was feeling "paranoid" as she prepared to give birth to they were sentenced to "three months' house her next child due to worry that she was at risk of arrest, part of six-month conditional sentences, as another privacy breach. However, Taylor also stated well as two years' probation and 340 hours of her belief that the hospital had "taken steps to community service."17 ensure I don't have to go through that again. Hopefully it works." In 2016, two employees Critical Analysis: In what way does PIPEDA involved in privacy breach (a former maternity protect the public? Do you think that PIPEDA ward nurse and an RESP broker) pleaded guilty to encourages people to be too sensitive about their criminal charges. As reported by the Toronto Star, personal information? Why or why not? Critical Analysis: In what way does PIPEDA protect the public? Do you think that PIPEDA encourages people to be too sensitive about their personal information? Why or why