B.C. Privacy Watchdog Orders Province to Disclose Staff Identities in Alleged Domestic Violence File Breach

British Columbia’s privacy watchdog has ruled that a woman who survived years of alleged domestic violence is entitled to know who accessed her confidential file without permission — and has ordered the Ministry of Public Safety to hand over the names of the employees involved.

The ruling, issued by the Office of the Information and Privacy Commissioner (OIPC), directs the ministry to provide the names, contact information, and internal communications of two staff members allegedly connected to the breach. The woman, known only as Jane Doe, had filed a lawsuit against the province last year after learning her records were accessed without authorization.

Jane Doe had turned to the province’s Crime Victim Assistance Program (CVAP) for support following allegations of years of sexual and physical abuse by her husband. Her application included sensitive materials like police statements and personal files concerning her and her children.

Watchdog: Disclosure in Public Interest

The Ministry of Public Safety — which oversees CVAP — and the employees had opposed full disclosure, citing concerns over personal privacy and potential harm. However, the OIPC ruled that the woman’s right to know outweighed those concerns.

“The applicant has unanswered questions about the privacy incident,” wrote OIPC adjudicator Allison Shamas in her March decision. “Disclosure favours her safety, accountability, and her ability to pursue legal remedies.”

Jane Doe alleges that a relative of her husband works at CVAP and may have played a role in the privacy breach. According to her lawsuit, her husband became increasingly threatening and referenced confidential police information days after the file was accessed.

Records to Be Released

In addition to the names of the two employees, the ministry must release:

• Email addresses and telephone numbers

• Internal communications detailing the incident

• Notes, concerns, or decisions about how the privacy incident was handled

This will allow Jane Doe to pursue legal action not only against the province, but also the employees personally.

A spokesperson for the Ministry of Public Safety said they could not comment on the matter as it is before the courts and under a publication ban.

‘Collapse of Trust in Government’

Jane Doe alleges the breach caused her trauma, humiliation, and fear for her safety.

The court filing says she fled her home in 2021 after years of abuse and was trying to terminate her husband’s parental rights when she applied for support from CVAP. The records included a police interview where she described a 2013 sexual assault and physical beating that caused her to lose consciousness.

Two months after her application, CVAP’s then-director Grant McKellar emailed her, admitting that her personal file had been “inappropriately accessed.” McKellar has since retired.

The woman said she was only notified 78 days after the breach occurred.

Ministry Found at Fault in Earlier Ruling

In a previous ruling, the privacy commissioner found the Ministry of Public Safety “did not fully protect” Jane Doe’s data. A ministry submission also revealed that one CVAP employee had shared her file details with another, who then viewed the file without authorization.

The ministry initially resisted naming the employees, arguing it would be an unreasonable invasion of their privacy. The workers cited potential harm to their mental health and reputations.

Adjudicator Shamas acknowledged their concerns, but ultimately ruled the public interest in accountability and safety was greater.

Calls for Broader Reform

Jane Doe’s civil suit alleges the ministry violated its duty to protect her under B.C.’s Freedom of Information and Protection of Privacy Act, and was vicariously liable for the actions of its staff.

Her case is now a flashpoint for broader concerns about how sensitive victim data is handled by public institutions — particularly when it involves survivors of intimate partner violence.

While an internal investigation was launched and access to her file has since been locked down, advocacy groups say stronger safeguards are needed to prevent further harm to victims who turn to the government for help.