Pubdate: Fri, 11 Aug 2017 Source: Vancouver Sun (CN BC) Copyright: 2017 Postmedia Network Inc. Contact: http://www.canada.com/vancouversun/ Details: http://www.mapinc.org/media/477 Author: Dan Fumano Page: A1 Referenced: Nanos poll http://mapinc.org/url/uqsktO25 ANOTHER DISPENSARY BREACH, AND STILL NO POT LAW Sensitive patient data supplied to a Vancouver cannabis dispensary has been either mishandled or - according to the shop's owner - stolen, a situation that again highlights the confusion over the regulation of retail pot. Most people in weed-friendly Vancouver, it seems, don't have a problem with dispensaries. A Nanos poll of Vancouverites last year found only 14 per cent supported banning medical dispensaries. But the city's decision to take the lead in Canada by licensing a still-illegal industry has contributed to a regulatory haze where many in Vancouver - including cannabis users and non-consumers alike, and even those involved in the weed business - have expressed confusion about the state of affairs while Canadians await expected federal legislation to legalize nonmedicinal marijuana. A tipster recently contacted Postmedia to say he'd found a computer memory card in a Vancouver alley, containing more than 1,000 photos of people taken inside a west-side dispensary, and digital copies of private medical documents. Postmedia has reviewed the memory card to confirm its contents, but is not identifying the dispensary because it was not immediately possible to confirm how the disk was obtained. The tipster who provided the disk said he was unsure if it ended up in the alley due to negligence or a criminal act that led to the memory card being removed from the dispensary. On Thursday, after Postmedia told the dispensary's owner of the data leak, he reported it to the Vancouver police. The shop owner said all patient information is stored on a secure, internal system, and "the only way someone would be able to get this information is stealing it from us." Whether a case of negligence or theft, it raises questions about the oversight of a multimillion-dollar business that's against the law as far as Ottawa's concerned. The incident follows a breach last year at another Vancouver dispensary, which led to an investigation by B.C.'s privacy watchdog and a public warning from Health Canada. In October, Postmedia reported sensitive patient data had been publicly viewable through the website of an east Vancouver dispensary called the Vancouver Pain Management Society. Breaches of sensitive information have happened before at Canada's medical labs, hospitals and government agencies. But one thing differentiating dispensary cases is Ottawa opposes, rather than regulates, these businesses. That raises the question of who holds dispensaries accountable if they are negligent with medical data. The Office of the Information and Privacy Commissioner for B.C. investigated last year's breach. Reached this week, an office spokeswoman said the investigation had closed, but the office "does not disclose the results of our investigations and therefore cannot comment." Asked whether the office could issue sanctions or discipline organizations found to be breaching privacy rules, spokeswoman Jane Zatylny said "the commissioner can order an organization to stop disclosing the information." Last year's dispensary breach (which, like this week's leak, was brought to the attention of Postmedia by a tipster) prompted Health Canada to issue a statement "to reiterate that all dispensaries selling cannabis are illegal (and) function outside of Health Canada's regulatory framework. As such, it would be inappropriate for Health Canada to comment on the record-keeping and management practices of these illegal entities." Responding to this week's leak, a Health Canada spokesman said last year's statement "still applies." Similarly, a City of Vancouver spokesman said this week the city's position hasn't changed since last October's statement, which said: "Oversight on patient data would not fall under the jurisdiction of the city (as with health clinics and hospitals in the city) and so it is not referred to in our bylaws." But it could be argued the city's decision to create a licensing structure for illegal businesses has given them a veneer of legitimacy. The two Vancouver dispensaries involved in the recent data breaches are working their way through the city's licensing program. In the 10 months since the Vancouver Pain Management Society breach, different levels of government have stuck to their positions that dispensary data oversight isn't their responsibility, and a cloudy situation's not getting any clearer. - --- MAP posted-by: Matt