BC Injury Law and ICBC Claims Blog

Government Introduces Bill Giving ICBC Direct Access to Your Medical Records

Today Bill 13 (The Miscellaneous Statutes Amendment Act No. 2) received First Reading. I’ve had a chance to review some of these newly proposed laws and came across a potentially troubling section seeking to give ICBC significant powers to access the medical records of British Columbians.

Specifically, the Government is proposing to amend section 25 of the Motor Vehicle Act as follows:

Information-sharing agreement for Medicare Protection Act purposes

25.02 (1) The Insurance Corporation of British Columbia may enter into an information-sharing agreement with the Medical Services Commission under the Medicare Protection Act for the purposes of collecting, using and disclosing personal information necessary for the administration of

(a) section 25 (1.3) of this Act, and

(b) the Medicare Protection Act, as it relates to the enrollment and renewal of enrollment of beneficiaries under that Act.

(2) If the Insurance Corporation of British Columbia enters into an information-sharing agreement under subsection (1), the Insurance Corporation of British Columbia may, in accordance with the agreement, collect and use personal information from, and disclose personal information to, the Medical Services Commission.

This new power is being given to ICBC to help introduce a new Care Card which is designed to cut down on fraud.  While fraud protection is laudable its important not to exceed this goal by unnecessary erosion of the privacy rights of British Columbians.  A review of the proposed change does not seem to put any concrete limits on ICBC’s power to access medical records or the use these can be put to once obtained.

If you have concerns about this new proposed power I suggest you contact your local MLA or BC’s current Minister of Public Safety and Solicitor General (Shirley Bond) and voice these before this bill passes into law.

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3 Responses to “Government Introduces Bill Giving ICBC Direct Access to Your Medical Records”

  1. Randy Eckert Says:

    ICBC’s Comment from Tweet on this article.

    From ICBC Twitter.
    icbc Insurance Corp of BC
    @Not true. We wouldn’t have access to medical records & doctors wouldn’t have access to drivers’ records.

    Curios what’s the response, true or not true.

    Saferway Driver Training School Ltd.
    President,
    Randy A. Eckert

  2. emagraken Says:

    Thanks for your inquiry. Difficult to say as the Devil’s in the details. The proposed legislation let’s ICBC enter into ” an information-sharing agreement with the Medical Services Commission”. I’ve asked ICBC if they have a copy of the proposed agreement and they say it is not available. Until its seen what kind of an agreement is struck between these entities it’s difficult to say how much access ICBC will have to medical records.

    The real concern is that privacy controls should be expressly built in to the proposed legislation before it comes into force to provide reasonable safeguards.

    Yours truly,

    Erik

  3. Irene Carlson Says:

    Well done Erik again! nice to have one there watching out for our interests frightning they have such power a slipery slope what privacy do we have any more they can’t access,inc.banking access as well,informed recently they set up automatic payment’s through my bank for old toll bridge fee refused renewl of auto insurence till toll fees were paid,they then set up with my bank to automatictly have a prearranged payments!if in furture… I stopped this of course question I present to you is when has the insurence company taken on transit fee collections and when did they gain access to our banking!.Thanks for your Eagle eyes on this new proposed legislation we need watchdogs like you.

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