Dentist – €20,000 Fine (Italy, 2021)

€20,000Garante per la protezione dei dati personali10 June 2021Italy
final
Fine

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

An Italian dentist was fined EUR 20,000 for refusing to treat a patient after learning the patient had HIV. The dentist's practice of collecting medical history and then denying treatment based on it was found to be unlawful. This case highlights the importance of not discriminating against patients based on their medical history.

What happened

A dentist refused to treat a patient after the patient disclosed having HIV on a medical history form.

Who was affected

The patient who disclosed their HIV status on the medical history form was affected.

What the authority found

The Italian data protection authority ruled that the dentist's refusal to treat the patient was unlawful, violating principles of legality.

Why this matters

This decision underscores that medical professionals must not discriminate against patients based on their health information. It serves as a reminder to healthcare providers to handle sensitive patient data responsibly and lawfully.

GDPR Articles Cited

Art. 5(1)(a) GDPR
Full Legal Summary
Detailed

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.

Related Enforcement Actions (0)

No other enforcement actions found for Dentist in IT

This is the only recorded action for this entity in this jurisdiction.

Details

Fine Date

10 June 2021

Authority

Garante per la protezione dei dati personali

Fine Amount

€20,000

Enforcement Tracker ID

ETid-750

About this data

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

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