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Physician – €3,000 Fine (Spain, 2021)

€3,000Agencia Española de Protección de Datos21 May 2021Spain
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Fine

Privacy enforcement record

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A physician in Spain was fined EUR 3,000 for contacting former patients after leaving a clinic. This was against a contract that prohibited him from copying patient files. The ruling highlights the importance of respecting patient privacy and contractual agreements.

What happened

The physician informed former patients about his new clinic despite a contract forbidding it.

Who was affected

Former patients of the physician who were contacted about services at the new clinic.

What the authority found

The Spanish DPA ruled that the physician violated data protection laws by contacting former patients without proper authorization.

Why this matters

This case emphasizes that healthcare providers must adhere to privacy laws and contractual obligations. It serves as a reminder for all professionals to handle patient information responsibly.

Recorded legal citations
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Art. 6 GDPR
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Art. 6(GDPR)

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Linked-source text retrieved.

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Processing notes: articles corrected, national law identified.

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Full Legal Summary
Detailed

The Spanish DPA (AEPD) has fined a physician EUR 3,000. The controller had left his/her former clinic and started working in a new clinic. The complainant had taken over the controller's former clinic. The purchase agreement explicitly stated that the selling party (the controller) was not allowed to make a copy of the patient's files under any circumstances. Nevertheless, the controller had informed his/her former patients that his/her services could be obtained at his/her new clinic in the future. The AEPD found that the controller had acted not only in breach of contract but also in breach of data protection legislation by contacting the former patients.

Details

Fine Date

21 May 2021

Authority

Agencia Española de Protección de Datos

Fine Amount

€3,000

About this data

Data: CMS GDPR Enforcement Tracker
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Physician - Spain (2021). Retrieved from cookiefines.eu

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