METH LAW PROMPTS PRIVACY PROBE

Surrey council is expected to vote on a controversial methadone pharmacy
bylaw Monday that has prompted an investigation by the B.C. Privacy
Commissioner's Office that may have sweeping implications for several other
municipal bylaws throughout the province. A formal investigation has been
launched into all city bylaws that require businesses to compile clients'
personal information for use by police.

It was prompted by a discussion paper presented to city council Monday
recommending that methadone pharmacies keep a list containing patient
identification with copies of prescriptions for law enforcement or bylaw
officials on demand.

Surrey is proposing the bylaw to stop the illegal trade of methadone by
addicts on the street.

David Loukidelis, the B.C. Information and Privacy Commissioner, wrote a
sternly worded letter to Surrey's mayor and council expressing concern
about the city's planned bylaw for methadone pharmacies.

"I urge council, in the strongest possible terms, to change direction and
not proceed with this bylaw," Loukidelis states in the March 4 letter
obtained by The Leader.

He also indicates that his office is launching an investigation "respecting
local government bylaws that compel businesses to compile personal
information about their customers or clients and make information available
to law enforcement authorities."

If that is found to be in violation of the Privacy Act, it could bring into
question at least two other bylaws in Surrey - the pawn shop bylaw and the
fireworks bylaw, both of which require vendors to compile client names for
law enforcement officials on demand. Surrey's city solicitor Craig
MacFarlane said that he'll be forwarding a draft version of the methadone
bylaw at the regular council meeting on Monday.

The bylaw will require pharmacists to collect the information about their
methadone clients, but only RCMP officers with a rank of Inspector or
higher will be able to review the information.

"They don't need a warrant. The Freedom of Information and Protection of
Privacy Act says we can collect personal information for law enforcement
purposes," MacFarlane said Friday. "The Privacy Commissioner is wrong."

Loukidelis also asked Surrey for a copy of its privacy impact assessment
regarding the methadone bylaw.

MacFarlane said the city is under no obligation to provide one.

Coun. Judy Villeneuve didn't support last week's discussion paper and has
concerns about the proposed bylaw.

"I think people have a right to secure health information," Villeneuve said
Friday. "It's important for us to deal with the issue (of people selling
methadone), but how we deal with the issue is important."

Vincent Gogolek, Policy Director for B.C. Civil Liberties, said Friday he
was troubled by Surrey's approach to its methadone problems. "This is
medical information," Gogolek said. "People's medical records are among the
most private and intimate pieces of personal information that you can have,
and we don't want those bounced around."