NAIH - NAIH/2019/5112/15

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NAIH - NAIH/2019/5112/15
LogoHU.jpg
Authority: NAIH (Hungary)
Jurisdiction: Hungary
Relevant Law: Article 5(1)(d) GDPR

Article 12(3) GDPR

Article 15 GDPR

Type: Complaint
Outcome: Upheld
Decided: 18.11. 2019
Published: n/a
Fine: None
Parties: Hospital
National Case Number: NAIH/2019/5112/15
European Case Law Identifier: n/a
Appeal: n/a
Original Language:

Hungarian

Original Source: NAIH (in HU)

The NAIH confirmed that the exercice of the access right and the accuracy principle do not require to provide certified copies to the data subject.

English Summary[edit | edit source]

Facts[edit | edit source]

The applicant is a citizen who originally filed a complaint against the Hospital regarding the medical treatment he was subject to. During the investigations concerning the Hospital, the applicant requested a copy of his personal data. The hospital charged the applicant with a fee and sent a copy of the documents requested with undue delay and without certification. As a consequence, the applicant filed a complaint with the NAIH for violation of his access right.

Dispute[edit | edit source]

Could a data subect be granted of a certified copiy of his personal data under Article 15 GDPR?

Holding[edit | edit source]

The NAIH found that the data controller has failed to grant the Applicant ‘s right of access within the thirty-days limit, as required by Article 12(3). However, it rejected the applicant’s claims regarding the certified copies requested under Article 15 read in conjunction with Article 5(1)(d) GDPR. Indeed, the DPA found that these articles do not require to provide for certified copies of personal data.

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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 Hungarian original for more details.

to be completed..