Dentist

€20,000

Insufficient legal basis for data processing

Karar Tarihi

10 Haziran 2021

Otorite

Italian Data Protection Authority (Garante)

IT

Sektör

Health Care

Ülke

IT

Hukuk

GDPR

Durum

FINAL

Açıklama

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.

Yasal Atıflar

Art. 5 (1)

Sorunlar & İhlaller

Insufficient legal basis for data processing

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