Dentist

€20,000

Insufficient legal basis for data processing

Data della decisione

10 giugno 2021

Autorità

Italian Data Protection Authority (Garante)

IT

Settore

Health Care

Paese

IT

Legge

GDPR

Stato

FINAL

Descrizione

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.

Citazioni legali

Art. 5 (1)

Problemi e violazioni

Insufficient legal basis for data processing

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