Physician

€2,000

Insufficient legal basis for data processing

Datum odločitve

29. september 2021

Organ

Italian Data Protection Authority (Garante)

IT

Sektor

Health Care

Država

IT

Zakon

GDPR

Status

FINAL

Opis

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.

Pravne navedbe

Art. 5 (1)Art. 9

Vprašanja in kršitve

Insufficient legal basis for data processing

Spremljajte novice o uveljavljanju zasebnosti

Spoštujemo vašo zasebnost. Eno e-poštno sporočilo na mesec, brez neželene pošte, odjava kadar koli.