Privacy-breach lawsuit could have sweeping implications - Elyse Sunshine Comments

A class-action suit against Peterborough Regional Health Centre is expected to determine whether a patient can sue a hospital for invasion of privacy, reports the newspaper. In Hopkins v. Kay (2014 ONSC 321 CanLII), the Superior Court of Justice has already determined that patients whose privacy has been breached can sue the hospital directly, but the hospital has appealed that decision, arguing that the Superior Court has no jurisdiction to hear the lawsuit because under the province’s Personal Health Information Protection Act (PHIPA), personal health information privacy violations are solely the domain of the Ontario privacy commissioner.

The implications of this case are significant, as it will determine whether the common law tort of "inclusion upons seclusion" can be used by groups of patients in actions against hospitals.