Dentist

€20,000

Insufficient legal basis for data processing

Tanggal Keputusan

10 Juni 2021

Wewenang

Italian Data Protection Authority (Garante)

IT

Sektor

Health Care

Negara

IT

Hukum

GDPR

Status

FINAL

Deskripsi

The Italian DPA (Garante) has fined a dentist EUR 20,000. A data subject filed a complaint with the DPA against the dentist for refusing to treat him after the data subject had indicated he had HIV in his medical history form. In the dentist's clinic, it was common practice for patients to fill out a medical history form before medical treatment, which contained questions about previous, existing or suspected infectious diseases (e.g. tuberculosis, hepatitis, HIV). The DPA considered this to be a violation of the principles of legality. It stated that it was legitimate to ask for such information in order to better plan medical treatment. However, it was not permissible to collect such information and then refuse treatment to the patient.

Kutipan Hukum

Art. 5 (1)

Masalah & Pelanggaran

Insufficient legal basis for data processing

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