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Court orders LifeLabs data breach report release, rejects bid to keep it quiet

Probe found LifeLabs 91Ƶfailed to take reasonable steps91Ƶ to protect client data in 2019 hack
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A sign is seen outside a LifeLabs location in North Vancouver B.C., on October 22, 2021. THE CANADIAN PRESS/Darryl Dyck

A long-withheld investigation into a 2019 hacking at LifeLabs Inc. that compromised millions of Canadians91Ƶ health data has finally been made public after an Ontario court dismissed the company91Ƶs appeal to prevent its release.

A statement from the privacy commissioners of both Ontario and British Columbia says their joint report, completed in June 2020, found that LifeLabs 91Ƶfailed to take reasonable steps91Ƶ to protect clients91Ƶ data while collecting more personal health information than was 91Ƶreasonably necessary.91Ƶ

The report ordered LifeLabs to address a number of issues such as appropriately staffing its security team, and the commissioners91Ƶ statement says the company complied with all of the orders and recommendations.

LifeLabs had cited litigation and solicitor-client privilege to prevent the document91Ƶs publication, but this was opposed by the commissioners91Ƶ offices.

The company then sought a judicial review in Divisional Court in Ontario before the case made its way to the Ontario Court of Appeal, where LifeLabs91Ƶ appeal was dismissed.

B.C. Information and Privacy Commissioner Michael Harvey says in a statement that 91Ƶthe road to accountability and transparency has been too long91Ƶ for the victims of the data breach.

91ƵLifeLabs91Ƶ failure to put in place adequate safeguards to protect against this attack violated patients91Ƶ trust, and the risk it exposed them to was unacceptable,91Ƶ Harvey says. 91ƵWhen this happens, it is important to learn from past mistakes so others can prevent future breaches from happening.

91ƵBut to learn from lessons, we need to share them.91Ƶ

Ontario Information and Privacy Commissioner Patricia Kosseim says in the statement that she is pleased with the court91Ƶs decision to uphold the decision by her office 91Ƶto help restore public trust in the oversight mechanisms designed to hold organizations accountable.91Ƶ

In May, Canadians who applied to be part of a class-action lawsuit against LifeLabs began receiving cheques and e-transfers, with administrator KPMG saying more than 900,000 valid claims were received.

An Ontario court had approved a total Canada-wide settlement of up to $9.8 million in the data breach, which allowed hackers to access the personal information of up to 15 million customers.





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