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Physician – €2,000 Fine (Italy, 2021)

€2,000Garante per la protezione dei dati personali29 September 2021Italy
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Fine

Privacy enforcement record

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A physician was fined EUR 2,000 for sharing a patient's personal data with third parties without permission. This case is significant because it reminds healthcare providers that they must get explicit consent before sharing patient information for marketing purposes.

What happened

The physician disclosed a patient's personal data to third parties without obtaining the necessary consent.

Who was affected

The patient, whose personal data was shared without authorization, was directly affected by this action.

What the authority found

The Italian data protection authority ruled that the physician unlawfully processed the patient's data for product promotion without explicit consent.

Why this matters

This case highlights the importance of consent in healthcare settings and serves as a warning to medical professionals about the legal requirements for sharing patient information.

Recorded legal citations
Automatically processed
Art. 9 GDPR
Art. 5(1)(a) GDPR
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Art. 5(1) a) GDPR
Art. 9(GDPR)

Original imported citations before automated processing; the processing history does not establish independent verification.

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Full Legal Summary
Detailed

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.

Details

Fine Date

29 September 2021

Authority

Garante per la protezione dei dati personali

Fine Amount

€2,000

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 - Italy (2021). Retrieved from cookiefines.eu

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