Physician

€2,000

Insufficient legal basis for data processing

Дата на решението

29 септември 2021 г.

Орган

Italian Data Protection Authority (Garante)

IT

Сектор

Health Care

Държава

IT

Право

GDPR

Статус

FINAL

Описание

The Italian DPA (Garante) has fined a physician EUR 2,000. A patient had complained to the DPA that the doctor had disclosed his personal data to third parties without authorization. The doctor had recommended medical products to the data subject as part of his treatment. A few days later, the data subject received a call from the marketing consultant behind the recommended products. The data subject pointed out that he had never given his consent to the disclosure of his data. The Garante states that no specific consent is required for the processing of personal data necessary for medical treatment. Here, however, the data was processed for the purpose of product promotion, and therefore explicit consent would have been required under Art. 9 GDPR. The physician thus processed the data unlawfully.

Правни цитати

Art. 5 (1)Art. 9

Въпроси и нарушения

Insufficient legal basis for data processing

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