Windsor paediatrician fined for accessing private data of newborn boys

According to police, Dr. Omar Afandi used his hospital privileges to search electronic health records to offer parents private circumcision procedures.

A Windsor paediatrician has been fined for accessing private data of newborn boys.

Dr. Omar Afandi used his hospital privileges to search electronic health records to offer parents private circumcision procedures in his clinic.

According to the Aug. 27 decision of the Information and Privacy Commissioner (IPC), Dr. Afandi has admitted to what he did, is remorseful for his actions, and no longer has privileges at Windsor Regional Hospital (WRH) or Chatham-Kent Health Alliance (CKHA).

Between April 20 and May 7, 2024, Dr. Afandi searched for the contact information of newborn males born at both hospitals.

He used an app to transfer their parents phone numbers into his cellphone, according to the IPC decision.

According to the IPC decision, Staff at his clinic, WE Kidz Pediatrics, would then call parents and offer the procedure.

The IPC says the procedure was quoted at $350. It is not covered by OHIP.

According to the IPC, Dr. Afandi stopped what he was doing after a discussion with WRH’s Chief of Staff.

He also admitted, however, that he had read WRH’s extensive bylaws on patient privacy and confidentiality.

“I find that at the time of the breach, WRH had reasonable privacy measures in place in compliance with the Personal Health Information Protection Act (PHIPA),” Commissioner Patricia Kosseim wrote.

“In contrast, with respect to WE Kidz, I find that, at the time of the breach, it sorely lacked any of the essential elements of a data privacy and security governance program. In fact, upon opening its doors for business, the evidence demonstrates that it had no privacy management program at all.”

Kosseim issued a $5,000 fine to Dr. Afandi personally and his private clinic must pay a $7,500 fine.

Both must be paid by Sept. 27.

IPC also recommended the clinic strengthen its privacy policies and procedures and have staff complete privacy training.

The first complaint about unauthorized use of personal information was reported on April 26, 2024 to CKHA by a mother who had given birth the day before.

A second complaint was logged at CKHA on May 3, 2024.

CKHA advised WRH of the potential issue on May 7, 2024.

That same day, WRH Chief of Staff called Dr. Afandi and the doctor stopped accessing personal data, according to IPC.

WE Kidz Pediatrics issued a statement to CTV News:

‘At WE Kidz Pediatrics, we are proud to be part of the Windsor-Essex community, where families place their trust in us to care for their children. That trust is at the heart of everything we do. Families place their confidence in us to safeguard their children’s health, dignity, and privacy, and that responsibility remains our highest priority.

In light of the recent decision by the Information and Privacy Commissioner of Ontario, the clinic is strengthening its internal privacy policies and ensuring they are fully aligned with all current regulations, including the Personal Health Information Protection Act (PHIPA) and the standards of the College of Physicians and Surgeons of Ontario (CPSO). These actions reflect our continued commitment to the protection of patient information and the safety of those we serve.

WE Kidz Pediatrics operates with its own governance and policies, independent of any individual physician’s regulatory processes. Our clinic is guided by core values of compassion, accountability, transparency, and excellence in care. These values shape every aspect of our work and ensure that families can place their trust in the care they receive.

As we move forward, WE Kidz Pediatrics will continue to enhance our safeguards, strengthen community trust, and uphold the highest standards of pediatric care.

WE Kidz Pediatrics will not be commenting further and we thank you for your support."

Dr. Afandi declined to comment.