I have begun to believe my mind is full of tiny little topics that act like pimples.

No one can predict the order they start to fester in, or when they’ll get ripe and burst.

Saturday, 7 June 2014

HOW TO GET YOUR FILE BACK




TO ALL VICTIMS OF THE KAMERMANS RAID

THIS IS FUCKING IMPORTANT. READ IT OR LOSE OUT.

As I post this notice I am feeling like a pig that has spent two years rooting through dirt and just found a great big truffle.




I just found out how all the patients who had their medical files seized can get them back

FIPPA-RSBC 1996 -CHAPTER 165 - Division 2
Personal Health Information Protection Act, 2004
Exceptions- Sections 3(a),3(b),3(c)


I have found the key to the lock on the container where they have all of our files buried. BUT: if you want to get your file back, (or just get even with the bastards who have cost us so much trouble), you have to ask for your file and I’m making it simple to do so with a one page form to sign.

Following is what I did and what I found out to be able to do so:

After receiving an information request from me, the office of the Attorney-General of Ontario dodged my request with a referral to the Ontario Privacy Commissioner. That pissed me off because I didn’t believe they had the power to do what I wanted, but in the course of confirming that fact, I was put in touch with an extremely helpful mediator at the OIPC as follows:

It seems there is a separate little subsection of the Freedom of Information and Privacy Act that gives us the leverage to if nothing else; bother the shit out of them. There is an exception made specifically for medical files so that if a patient needs his medical file and asks for it back, location doesn’t matter, it must be returned. Everyone of us Kamermans patients qualifies on the same 3 grounds;

FIPPA-RSBC 1996 -CHAPTER 165 - Division 2  Exceptions

(3) A disclosure of personal information is presumed to be an unreasonable invasion of a third party's personal privacy if
(a) the personal information relates to a medical, psychiatric or psychological history, diagnosis, condition, treatment or evaluation,
(b) the personal information was compiled and is identifiable as part of an investigation into a possible violation of law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation,
(c) the personal information relates to eligibility for income assistance or social service benefits or to the determination of benefit levels,
(d) the personal information relates to employment, occupational or educational history,


To sum it all up: If any patient wants his personal heath file back, from whoever has custody, on receipt of the Request they must return the file to the patient.

The Personal Health Information Protection Act, 2004 created a one page form called the Request to Access Personal Health Information that you fill out and send to your Doctor: In this case all to Dr. K.

Dr. Kamermans doesn’t have them: but he knows where they went. The last time he saw them they were in the custody of Sergeant Mark Duval of the Central Hastings Detachment of the Ontario Provincial Police. He simply forwards the request back to Sergeant Duval at the Central Hastings Detachment and forgets about it. It doesn’t matter where Sergeant Duval buried them he’s going to have to dig them up and return them or they are in deep shit. If they don’t: they will give me grounds to file a formal complaint with the Ontario Privacy Commissioner who will be please to investigate on our behalf.


 Dr. K. simply forwards the form to the Cops and it doesn’t matter where they put it they have to forward the Request until it finds our files. There are time limits to respond. I believe they have 30 days to get them back to us. I will clarify that.

The best part is that there are 4100 victims with the identical problem and only one description of what happened: who, what, when, where and why on Jan 26, 2012 and I have all the details.

I am filling in the description for everybody so the form can be completed by any one of the 4100 by simply filling in the blanks for name, address, city, Province and postal code, signing and dating the form and mailing it with tracing according to instruction.

I have no idea what will happen but if enough of us ask, we have a lot of leverage if we all do it together.

At this point all I want is for all victims to be aware of what I am developing: if you are not a victim but know someone who is, do a friend a favour and send them a link.

That is it for now. I will be posting the form within the next week with a suggestion of how I would like us to proceed.

I would like to request that if you are a victim  please send an E-mail to me at thesmeegoanguy@gmail.com with nothing but a big YUP in the Status Box and then just wait. That will give me an indication daily of the response to the idea as well as how well word is spreading. Just stay tuned.
Until ?
Blaine Barrett