Canadian Blood Services is going to court to try to get an Internet service provider to disclose who is behind some anonymous e-mails. The person who sent the e-mails claimed he lied about his sexual history in a blood screening questionnaire.

The blood agency brought the negligent misrepresentation motion against the donor before Ontario's Superior Court of Justice on Monday.

The agency said it received a series of anonymous e-mails from someone who claimed to have lied on a questionnaire that asks male donors whether they have "had sex with another man even one time since 1977."

The risk of infection is extremely small because all blood is tested

Those who answer "yes" to the question are barred from donating blood because they have a much higher risk for HIV and hepatitis than men who are exclusively heterosexual, the agency said.

"We take the admission of his deliberately providing false information very seriously and will take whatever action we deem necessary to protect the blood system," said Dr. Graham Sher, chief executive of the agency.

According to the court affidavit, the e-mailer said he is a gay man and both he and his partner are regular blood donors. He said he knows he will be excluded as a donor if he is identified.

The Internet service provider, Rogers, said it will comply with tracing the person. But Internet expert Rick Broadhead said Rogers may not know who the e-mailer is, since Internet subscribers don't have to reveal a mailing address.

Agency plans to ban e-mailer from donating blood, notify recipients

Once the donor's identity is known, the blood service said it will ban him from donating blood and recall any blood or blood products that he donated.

The agency will also inform those who received a donation from him so they can decide whether to get tested.

The risk of contracting an infection from the donor's blood is extremely small because the blood service tests every unit of blood it collects. But there is a two week period after infection when the early signs of a virus cannot be detected. During that period, blood could pass through the tests and be used.

The screening questions aim to exclude those taking part in high-risk activities from donating blood.

"The individual in this case feels that he has a right to donate blood, and I guess our view is that donating blood is a privilege, not a right," said Ian Mumford of Canadian Blood Services.

Some gay men such as Bruno Lariviere of Montreal question whether it is fair to turn them away as blood donors. "The question is not fair, and secondly, the time of the exclusion for life is totally unfair," said Lariviere.