Timeline

Barry (my husband) and I spent the winter season in Ontario and then returned to Prince Edward Island to enjoy the summer at our home there. We have been highly vigilant regarding COVID-19 and made the decision to drive directly to our destination without stopping at a hotel in order to minimize potential exposure.

A few days after our arrival, I began to feel unwell and developed a persistent high fever that would not subside. Since my husband Barry was feeling well, I initially assumed my symptoms were simply due to exhaustion from the travel.

An ambulance was dispatched after my oximeter indicated that my blood oxygen levels had dropped to a dangerously low level. I was transported to the Queen Elizabeth Hospital (QEH) for further evaluation and care.

I was admitted to the hospital and subsequently transferred to Unit 3 where I was placed on supplemental oxygen.

I was transferred back to Unit 3 for continued care and monitoring.

I was released from the hospital.

Contact by facebook

Lynn Drake confirmed that the communications office had reached out to Kevin J. Arsenault last week, requesting the removal of the post. She also spoke with the privacy manager at the hospital, although she was uncertain whether the post had been taken down.

She provided us with the name of the director of privacy at Health PEI: Jeanne MacDougall. Additionally, she mentioned that the investigation would include inquiries into who accessed my medical records.

We asked Health PEI and QEH to identify those responsible for the breach and hold them accountable.

Jeanne MacDougall returned our call and informed us that the privacy commissioner had been notified and was actively investigating the matter. She mentioned that they were reviewing my chart to determine who accessed my file and the duration of their access. She offered to send us the report once it was completed.

Additionally, she advised that since the Facebook post is still online and Kevin J. Arsenault has been unresponsive to their requests for communication, we should consider contacting the police to assist in having it removed.

I requested that Facebook remove the post, but they declined, stating that it did not violate their policies.

Jeanne MacDougall contacted me via email to inform me that the report has been completed. She requested to open a secure communication portal to facilitate the transmission of the document.

We went to the police to file a report and request the removal of the post.

We spoke with Cpl. Bill Almon, who took our statements and opened a case file (File # 588444-21). He informed us that they would attempt to locate Kevin J. Arsenault either by phone or through a visit. Additionally, he mentioned that this case might be escalated and assigned to a detective on Monday.

I received the audit report from the hospital, which details everyone who accessed my electronic chart during my stay.

I spoke with Corporal Bill Almon, who informed me that he contacted Kevin J. Arsenault. However, Mr. Arsenault has not been cooperative, and Corporal Almon does not anticipate that he will remove the post in question.

We followed up with Jeanne MacDougall by phone regarding the progress of my file. She informed us that the hospital contacted Facebook to request the removal of the post; however, Facebook does not consider this a violation of their privacy agreement, and therefore did not remove it.

The hospital has provided a more detailed audit report to the managers of each unit (Emergency Room, Unit 3, and ICU) to determine if there are any individuals on their access list who should not have access to my file.

They confirmed that all access was deemed appropriate. However, Jeanne mentioned that one individual accessed my file on the evening of April 16, despite the fact that I was not her patient. They are conducting further investigation regarding this person (Breach #2).

Additionally, they are performing a person-of-interest audit related to another hospitalized patient under the age of 10.

I shared our efforts to narrow down the list and explained the different criteria we used to eliminate individuals, noting that the person we are looking for may not necessarily be someone who should not have access. The original post by Kevin J. Arsenault indicated that the source was a nurse who directly cared for me, suggesting that this individual should be on the access list.

I followed up with Jeanne MacDougall by phone. She informed me that the individual identified as accessing my file outside the scope of her job has been referred to Human Resources for disciplinary action. Jeanne will follow up with HR to see if they can disclose the individual’s name. When she was asked about the Facebook post by Kevin J. Arsenault, she denied knowledge of it.

Jeanne confirmed that the investigation is nearing completion; however, they do not anticipate naming anyone as a result of the investigation.

We inquired whether the hospital had considered obtaining information from Kevin J. Arsenault, but they do not view this as a feasible option. We also asked if they would contemplate legal action against Mr. Arsenault, and she stated that she would need to consult with the CEO and legal department regarding this matter.

We expressed our frustration and disappointment with the progress of the investigation. Additionally, we mentioned that we have yet to receive any communication from the Privacy Commissioner’s office. Jeanne was surprised by this and will follow up with them to determine if they are willing or able to initiate legal action against Mr. Arsenault.

Since it seems likely that no individuals will be named at the conclusion of the investigation, she asked what further expectations we have and how else they might assist in resolving this issue. We indicated that we would need to discuss this internally and would follow up with her next week.

I have received the updated audit report, which highlights the name of the nurse who accessed my file while not involved in my care.

We have decided to list our home on Prince Edward Island, as it has become increasingly uncomfortable to remain there following this incident.

Unfortunately, there is still a stigma associated with HIV on PEI, and the resulting gossip has made it difficult to maintain a quiet and private life.

We conducted interviews with several real estate agents to assess the value of our home and to determine who would best represent us in the sale.

We have received the appraisal prices from multiple real estate agents.

Jeanne MacDougall has followed up via email regarding our thoughts on the investigation report. We conveyed our disappointment with its findings.

Our home listing has gone online. Given my expertise in web design, I created a dedicated website to assist with the sale of our property.

Property website: https://64rte13.com

On September 2nd, we had to visit the emergency room due to a reaction to my medication for an ear infection. The wait was very long, and we observed several privacy breaches during our time there.

Intake charts were left unattended in a folder outside the nurse’s station. To our astonishment, we witnessed another patient remove them and read through the documents without anyone questioning her. Barry approached one of the nurses, who then took the charts inside; however, within an hour, they were back outside again.

Additionally, the intake nurses and staff did not consistently close the doors while interacting with patients, allowing individuals in the waiting room to overhear conversations.

When I finally saw the doctor, I was in the room used for EKGs, which is adjacent to the nurse’s station. The only barrier was a curtain, which allowed anyone nearby to hear all conversations between patients and intake nurses.

I sent an email to Jeanne MacDougall outlining the privacy concerns we observed while waiting in the emergency room. In the email, we also included some straightforward solutions to address these issues.

I heard back from Jeanne MacDougall, who informed us that she has forwarded our email to the emergency room department.

We adjusted the property price downward to accelerate the sale and help us move on from our experience in Prince Edward Island.

We received an offer on the home and accepted it.

Since the final condition of the offer was met, we decided to pack up and leave early. We hired individuals to oversee the house until the closing date, ensuring that everything remained in order.

The sale of the home on Prince Edward Island has been completed.

Since neither the QEH investigation nor the Office of the Privacy Commissioner assigned accountability, we decided to retain legal counsel.

We contacted Cox and Palmer, with whom we had worked on multiple occasions for both personal and business matters while in PEI. However, they indicated that representing us would constitute a conflict of interest.

As a result, we sought representation off-island and retained Spark Law in Toronto.

To determine the specific information that was compromised, I contacted Health PEI to request further details.

I received the details regarding the information that was compromised. As noted in the original letter, the data included my full name, postal code, date of birth, health card number, arrival and discharge times, family doctor information, the attending doctor’s name, the reason for my visit, the triage level, my diagnosis, and various tracking and internal ID numbers.

I was surprised to read that my reaction to the ear infection medication, which included a racing heart and skipped beats, was simply diagnosed as “fatigue.”