EDMONTON -- Alberta's information and privacy commissioner is launching two investigations into the Babylon by Telus Health mobile app.
Information and Privacy Commissioner Jill Clayton cited red flags contained in separate privacy impact assessments (PIA) from a Calgary-based physician and Babylon Health Canada Limited, noting there were "compliance concerns."
“No one is required to use Babylon by Telus Health. I encourage physicians or patients with concerns about this app to remain opted out of using it while my office reviews the app’s compliance with Alberta’s privacy laws,” said Clayton in a release.
Health custodians are mandated by the Health Information Act to submit a privacy impact assessment for review by the privacy commissioner's office.
The assessments are "a process of analysis that helps to identify and address potential privacy risks that may occur in the operation of a new or redesigned project," according to the office's website.
"Since the app is already in use and compliance concerns were identified during the PIA review, the Commissioner decided to open an investigation on her own motion," reads the office's release.
The opposition New Democrats and some doctors have previously expressed concerns over the app's privacy protections.
Steve Buick, the press secretary for the minister of health, issued a statement to CTV News noting the app is optional and that it's began operating in British Columbia and the United Kingdom for over a year.
"We believe that Albertans appreciate options in their healthcare delivery, including embracing technology," Buick's email reads.
"We fully expect Telus Health and physicians to comply with all applicable laws and regulations and work with the Information and Privacy Commissioner to address any concerns going forward."
Buick added Telus Health and the physician lead submitted the required privacy impact assessment in May of 2019.
NDP health critic David Shepherd called for the resignation of Health Minister Tyler Shandro, calling the investigation "yet another damning indictment" of the minister and saying questions about the app's privacy should have been addressed before it was launched.
"I am very concerned that Tyler Shandro signed a contract, launched the app, and has energetically promoted it using his position as Minister, all before these serious privacy issues were addressed."
TWO INVESTIGATIONS
One investigation will focus on the Calgary-based physician's use of the app and comes under section 88 of the Health Information Act which gives the commissioner authority to demand documents and review records.
"Despite any other enactment or any privilege of the law or evidence, a custodian must produce to the Commissioner within 10 days any record or a copy of any record required."
The second investigation will determine if Babylon Health Canada Limited is complying with provincial private sector privacy law, the Personal Information Protection Act.
The office declined further comment saying both investigations were active and that a public report "may be issued" upon their completion. It also noted that a timeline for the investigations to be completed "is not known."
The information and privacy commissioner's role is described on the province's website as being "an independent officer of the Legislature who works independently of government to protect the information access and privacy rights of all Albertans."
The app was introduced into use in mid-March with Premier Jason Kenney calling it "a new innovative way to connect more Albertans with healthcare."
Babylon is a free, downloadable app developed by Telus Health that connects Albertans with doctors in one-on-one video consultations, which are covered under the province's health services payment system.
Telus is the Canadian partner of London-based Babylon Health — one of many companies that have developed smartphone apps that aim to help consumers diagnose their own symptoms.
With files from the Canadian Press
