HDPA (Greece) - 26/2021
|HDPA (Greece) - 26/2021|
|Relevant Law:||Article 12 GDPR|
Article 15(1) GDPR
Article 15(2) GDPR
|National Case Number/Name:||26/2021|
|European Case Law Identifier:||n/a|
|Original Source:||HDPA (in EL)|
A physician denied to give any information about a child to his father and identified the mother as the only person entitled to receive such information. It was only after the HPDA intervention that the physician accepted to give access to the requested data by depositing to her lawyer, located at Chalkida city, a sealed envelope with copies of the medical exams. HDPA accepted that the physician violated also art. 12 par. 1 GDPR obligation to facilitate the exercise of applicant’s right of access by imposing as the unique way of access the obligation to travel from Athens to Chalkida city (80 Km distance) during the covid19 lock down when traveling was forbidden.The fact that the applicant couldn’t reach Chalkida city due to the covid19 restrictions should not be interpreted as a resignation from his right of access as argued by the physician.
English Summary[edit | edit source]
Facts[edit | edit source]
A father submitted a data subject access request to a private physician (pediatrician) in order to obtain the medical file of his child (a minor). The parents of the child were separated. The physician denied to give any information about the child to his father and identified the mother as the only person entitled to receive such information.
Dispute[edit | edit source]
Does a physician have a right not to grant an access request for the health data of a minor to a divorced parent?
Holding[edit | edit source]
HDPA imposed a 5.000 euro fine to a private physician (pediatrician), because of her refusal to satisfy a data access request to health data of a minor, coming from his father who was separated from his wife.
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English Machine Translation of the Decision[edit | edit source]
The decision below is a machine translation of the Greek original. Please refer to the Greek original for more details.