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Nursing Home’s Use of a “Chicken Farm” to Shred Confidential Information Has Privacy Commissioner Crying Fowl

By Charles J. Nerko on September 28, 2015
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Chickens on traditional free range poultry farm

Companies routinely farm out document destruction to shredding vendors. But taking “farming out” too literally caused a nursing home to ruffle a regulator’s feathers.

A report by a Canadian privacy commissioner has found that a nursing home’s contract with a chicken farm to destroy patient information violated the Health Information Protection Act.

The commissioner’s investigation incubated after the nursing home’s recycling bins served as a roost for its residents’ protected health information. This investigation revealed a contract the nursing home hatched with an undisclosed chicken farm to shred documents.

According to the contract, the chicken farm agreed “to accept full responsibility to maintain the security and confidentiality of all documents . . . and to ensure that all documents are shredded in a timely manner and in such a manner that they are irretrievable.” The contract, however, failed to specify how the chicken farm would do this, making the contract “unacceptable” to the commissioner. (That makes the contract unacceptable to us, too. Surely we would have relished the farcical details of the document-destruction-by-chicken-farm process, including the requisite pecks per page.)

The consequences of the nursing home’s arrangement with the chicken farm eventually came home to roost. Imparting hard-boiled advice to make the investigation over easily, the commissioner concluded, “I recommend that Spruce Manor Special Care Home no longer use [a] chicken farm to destroy records.”

Photo of Charles J. Nerko Charles J. Nerko

As a litigator in our Complex Litigation group, Charles Nerko represents clients in commercial disputes before state and federal courts, administrative agencies, and arbitration tribunals. He helps clients resolve their most important and sensitive litigation dealing with contracts, business torts, data privacy, and…

As a litigator in our Complex Litigation group, Charles Nerko represents clients in commercial disputes before state and federal courts, administrative agencies, and arbitration tribunals. He helps clients resolve their most important and sensitive litigation dealing with contracts, business torts, data privacy, and intellectual property. Mr. Nerko’s experience includes pretrial investigation, provisional relief, motion practice, discovery, witness preparation, alternative dispute resolution, trial, and appeals. Prior to joining Vedder Price, Mr. Nerko was a litigation associate at an Am Law A-List firm and volunteered as a Law Clerk to the Honorable Loretta A. Preska, Chief Judge of the U.S. District Court for the Southern District of New York. Mr. Nerko received his law degree cum laude from Fordham University School of Law, where he was a Notes & Articles Editor of the Law Review and served as a Member of the Moot Court Board.

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  • Posted in:
    Health Care and Life Sciences, Privacy and Cybersecurity
  • Blog:
    Media & Privacy Risk Report
  • Organization:
    Vedder Price PC
  • Article: View Original Source

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