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Opinion: Blood Test Lawsuit Hits Upon Privacy Rights

HEALTHCARE PRIVACY—CANADA

May 17, 2011

In a column for the Vancouver Sun, Ian Mulgrew writes about a lawsuit filed by an anonymous couple against the Provincial Health Services Authority in British Columbia. The lawsuit alleges that their child's blood "samples were obtained and stored as a result of a negligent or fraudulent concealment of facts that constituted an unlawful search and seizure violating the Charter of Rights and Freedoms." The Newborn Screening Program takes blood samples from newborn children to check for conditions, and the results are recorded and stored until the children reach the age of 10. According to the article, the judge has given the suit a "green light to proceed," but the family's lawyer has 30 days to "reframe the pleadings."
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