Physician
Insufficient legal basis for data processing
Data decyzji
21 maja 2021
Władza
Spanish Data Protection Authority (aepd)
ES
Sektor
Health Care
Kraj
IT
Prawo
GDPRStatus
FINALOpis
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.