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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Thursday, March 03, 2005

Police may have cracked the BTK case by covertly acquiring tissue sample from healthcare provider

Declan McCullagh's politechbot has a posting suggesting that BTK serial killer case may have been cracked by covertly acquiring a tissue sample for DNA testing:

Cops covertly acquired tissue of BTK suspect's relative -- from medical lab [Politech]:
"In developments straight out of GATTACA's handshake scene, A Kansas City Star report indicates that the suspected 'BTK' killer was tentatively linked to crime scene evidence by acquiring genetic material from the suspect's daughter's medical records - the tissue samples being taken without her knowledge.
http://www.kansascity.com/mld/kansascity/news/nation/11035826.htm
The article goes on to give a brief but factually accurate explanation of how a request for 'medical records' is entirely within the framework of the federal medical privacy laws (HIPAA), and also gives a likely source of the tissue - a routine pap smear. The article suggests that a judge issued a secret order for the records, though the article does not state if it was a formal 4th Amendment 'probable cause' warrant, or some lesser standard subpoena, or even go into whether the police were required to acquire an order under HIPAA (there are circumstances where agents can just the recordholder.)..."

Thanks to Rob Hyndman for the pointer.

Labels: information breaches