Yaniv vs. Fraser Health/PHSA
Fraser Health and Provincial Health Services Authority have filed a response to Yaniv’s lolsuit.
The defendants admit that Yaniv’s data was accessed by an unauthorized person from each FHA and PHSA, and that these employees were disciplined internally. There is no evidence that the records they viewed were disseminated.
Yaniv was given the option to place “VIP” status on his health records, effectively locking them, and Yaniv requested this.
FHA/PHSA say that Yaniv’s claim is not clearly pleaded,
which we knew weeks ago, but they made an interpretation of the claim that appears to align with Yaniv’s goal, and they deny his claim entirely.
The defendants state that (as predicted) the case must be dismissed because the BC Small Claims court doesn’t have authority to hear an action related to the
Privacy Act.
Yaniv’s other claims about FHA/PHSA having a duty of care should be dismissed based on previous case law. Likewise, case law suggests there is no common law cause of action for breach of privacy in BC.
The entire reply is a thorough and damning response to Yaniv’s vengeful and profit-driven lawsuit and should put a quick stop to it.