Cosmetic Doctor Beats Privacy Commissioner’s Ruling
Honourable Mr. Justice Gerald A. Verville overturned the Privacy Commissioner’s ruling against cosmetic dermatologist Doctor Barry Lycka on April 20, 2009. The Office of the Information and Privacy Commissioner had found Lycka guilty of collecting, using and disclosing health information for marketing and fundraising and ordered him to stop doing so. Dr. Lycka maintained he had never done this without consent if the patient and because he was not allowed to know who his accusers were, he was not able to mount a defense.
Dr. Lycka appealed to the court of Queen ’s Bench of Alberta because he felt he was denied natural justice by the Privacy Commissioner, and felt he was not in violation of the Health Information Act. Justice Verville concurred and quashed all judgments from the Privacy Commissioner against Lycka.
“The worse part of dealing with the Privacy Commissioner was that he denied me the right to defend myself by not revealing who accused me. It’s like being charged with rape without knowing who your accusers are. And the second worse part was that the newspapers, wire services, and internet picked up the erroneous decision, which tarnished my good name.”
“It is reassuring to know that the government is not above the law. Justice miscarried is justice denied,” said Lycka on hearing of the judgment. “I have been asked if I’ll pursue monetary compensation. This is not allowed under the Provence of Alberta Statutes and laws.”
“However, it would go along way if the province picked up the costs of the case and Premiere Stelmach addressed this decision with an apology,” said Lycka. “I realize anyone can make a mistake. It’s more important how one deals with the mistake. A big man admits to it and addresses it.”
For more information you can call Dr. Barry Lycka at 780- 425-1212
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