IP - 0712-1/2019/2356

From GDPRhub
IP - 0712-1/2019/2356
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Authority: IP (Slovenia)
Jurisdiction: Slovenia
Relevant Law:

Article 6(1)(a) GDPR

Article 7 GDPR

Article 58(3) GDPR

Type: Advisory opinion
Outcome: non-binding
Decided: 04.11. 2019
Published: n/a
Fine: none
Parties: anonymous
National Case Number: 0712-1/2019/2356
European Case Law Identifier: n/a
Appeal: n/a
Original Language:

Slovenian

Original Source: Informacijski Pooblascenec (SI)

On 4 November 2019, the Slovenian DPA (IP) exercised its powers under Article 58(3) GDPR to issue an advisory opinion regarding requirements for a consent.

English Summary[edit | edit source]

Facts and questions arising[edit | edit source]

The DPA has been asked whether a patient’s personal data can be disclosed on her behalf to her caregiver’s lawyer. In these circumstances, the patient still enjoys her legal capacity.

Holding[edit | edit source]

The DPA answered that the patient should nevertheless give her consent to such disclosure.

Comment[edit | edit source]

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English Machine Translation of the Decision[edit | edit source]

The decision below is a machine translation of the original. Please refer to the Sloveian original for more details.

Date: 04.11.2019
Title: Obtaining Scouting from Optics
Number: 0712-1 / 2019/2356
Subject matter: Health personal information
Legal act: Opinion

We received your request from the Information Commissioner (IP) on October 10, 2019 for clarification on what you can do, because you did not receive a survey from the optometrist as part of the self-paid ophthalmology examination, although you requested it.

 

Regarding your question, we explain that you can get acquainted with your own personal data or your own medical records (in this case, it is not necessarily a medical record, as it is possible that the examination was performed outside the exercise of a medical activity) 15 of the General Data Protection Regulation (EU) or Article 41 of the Patients' Rights Act. First, a written request must be lodged with the operator, and in the event of a written rejection or in the event of the operator's silence (ie delay in the response deadline), you may file a complaint with the IP.

 

The aforementioned right of access refers to the acquisition of a copy (not the original) and is subject to certain conditions. You can read about this right at the following link:

https://www.ip-rs.si/protection-of-private-data/right-of- individual/acquaintance-of-private-personal-data/.

 

 

Friendly greeting,

Mag. Urban Brulc, univ. dipl. right.

freelance IP consultant