Physician

€3,000

Insufficient legal basis for data processing

Decision Date

May 21, 2021

Authority

Spanish Data Protection Authority (aepd)

ES

Sector

Health Care

Country

IT

Law

GDPR

Status

FINAL

Description

The Spanish DPA (AEPD) has fined a physician EUR 3,000. The controller had left his/her former clinic and started working in a new clinic. The complainant had taken over the controller's former clinic. The purchase agreement explicitly stated that the selling party (the controller) was not allowed to make a copy of the patient's files under any circumstances. Nevertheless, the controller had informed his/her former patients that his/her services could be obtained at his/her new clinic in the future. The AEPD found that the controller had acted not only in breach of contract but also in breach of data protection legislation by contacting the former patients.

Legal Citations

Art. 6

Issues & Violations

Insufficient legal basis for data processing

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