Physician – €2,000 Fine (Italy, 2021)
General GDPR enforcement action
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An Italian doctor was fined EUR 2,000 for sharing a patient's personal data with a marketing consultant without consent. The doctor recommended products during treatment, but the patient's data was used for marketing, which required explicit consent. This case emphasizes the need for clear consent when using personal data beyond medical purposes.
What happened
A physician shared a patient's personal data with a marketing consultant without obtaining consent.
Who was affected
A patient whose personal data was shared with a marketing consultant after a doctor's recommendation.
What the authority found
The Italian DPA ruled that the physician unlawfully processed personal data for marketing purposes without explicit consent, violating GDPR.
Why this matters
This ruling highlights the necessity for healthcare providers to obtain explicit consent when using patient data for non-medical purposes. It serves as a reminder to ensure data protection practices align with GDPR requirements.
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The Italian DPA (Garante) has fined a physician EUR 2,000. A patient had complained to the DPA that the doctor had disclosed his personal data to third parties without authorization. The doctor had recommended medical products to the data subject as part of his treatment. A few days later, the data subject received a call from the marketing consultant behind the recommended products. The data subject pointed out that he had never given his consent to the disclosure of his data. The Garante states that no specific consent is required for the processing of personal data necessary for medical treatment. Here, however, the data was processed for the purpose of product promotion, and therefore explicit consent would have been required under Art. 9 GDPR. The physician thus processed the data unlawfully.
Related Enforcement Actions (4)
Other enforcement actions involving Physician in IT
Fine
€2K
Details
Fine Date
29 September 2021
Authority
Garante per la protezione dei dati personali
Fine Amount
€2,000
About this data
Cite as: Cookie Fines. Physician - Italy (2021). Retrieved from cookiefines.eu
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