October 15, 2009 by Canadian Underwriter
An audit by B.C.’s Office of the Information and Privacy Commissioner identified six occasions on which driving and claims information of jurors was accessed and in some of those cases, was disclosed to outside defence counsel representing ICBC.
In May 2009, ICBC conducted an internal investigation of all its jury trials that could be found going back to 2000. Its investigation found that on three occasions, driving and claims information of jurors was accessed, and in two of these cases, information was disclosed to outside defence counsel representing ICBC.
As a result, ICBC requested an independent audit by B.C.’s privacy commissioner.
The independent audit found three more breaches, bringing the total to six. In three of these cases, the information was disclosed to defence counsel, while in three cases the information was accessed but not disclosed to anyone outside ICBC.
The commissioner recommended that ICBC provide training that is more specific for claims adjusters and better communication and awareness of ICBC’s privacy policies for external defence counsel.
In a written response, ICBC president and CEO Jon Schubert said all recommendations contained in the report will be implemented.
“ICBC does not condone the practice of jury checking,” he wrote. “Despite the policies in place it did happen, and that is unacceptable. We thank the Commissioner for his report and his recommendations to improve our privacy policies and procedures.”