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DPA case 41/2020 – Complaint Upheld (Belgium, 2020)

Complaint Upheld
Autorité de Protection des Données29 July 2020Belgium
final
Complaint Upheld

Privacy enforcement record

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A Belgian hospital was ordered to allow a doctor access to an audit report that included her personal data. This ruling is important because it reinforces the rights of individuals to access their own data.

What happened

The hospital refused a doctor's request for access to an audit report related to her performance.

Who was affected

The doctor whose personal data was included in the audit report.

What the authority found

The authority ruled that the hospital was responsible for providing access to the audit report as it contained personal data.

Why this matters

This decision highlights the obligation of organizations to facilitate access to personal data. Hospitals and similar entities must ensure compliance with data access rights.

Recorded legal citations
Automatically processed
Art. 12 GDPR
Art. 13 GDPR
Art. 14 GDPR
Art. 15 GDPR
Art. 4(7) GDPR
Art. 5(1) GDPR
Art. 12(4) GDPR
Art. 15(3) GDPR
View original scraped data
Art. 12(GDPR)
Art. 13(GDPR)
Art. 14(GDPR)
Art. 15(GDPR)

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

National Law Articles
AI-identified
Art. 221(2) Belgian Data Protection Act of 30 July 2018

Source checks

Secondary-source text retrieved.

Automated check recorded — 18 October 2026.

Processing notes: articles corrected, national law identified.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

In the light of deficiencies regarding the radiology service in a hospital, the hospital asked an external expert to carry out an audit in order to find explanations and possible solutions. After the audit, the hospital decided to dismiss the head of the radiology service, a doctor, for severe misconduct. The doctor in question requested access to the audit report and specifically to sections that related to her individually. The hospital refused to grant access, arguing that (i) the hospital was not the controller (but rather the external expert), (ii) the report was confidential, (iii) the report was protected by copyright and (iv) the report contained personal data of others. In reaction to this refusal, the doctor filed a complaint with the APD/GBA. If an external expert examines personal data at the request of an organisation, who is the controller? What are the limits to a data subject’s right to obtain a copy of personal data relating to him or her? *The defendant was the controller. Based on Article 4(7) GDPR, the APD/GBA stated that "in the present case, by giving mandate to doctor Z [the auditor], even in his capacity as independent expert, to carry out an evaluation of the radiology service of the hospital, the defendant [the hospital] determined the purposes and means of the processing." *As controller, the defendant was responsible for, and had to be able to demonstrate, compliance with the principles set out in Article 5(1) GDPR. The defendant also had to implement appropriate technical and organisational measures to ensure and to be able to demonstrate that the processing complied with the GDPR, with the APD/GBA explicitly referring to the obligation under Article 12 GDPR to facilitate the exercise by data subjects of their rights. *On Article 15(3) GDPR and the rejection by the hospital of access to the audit report, the APD/GBA examined the justification provided and rejected the hospital’s arguments: **On confidentiality, the APD/GBA stated

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case 41/2020 in BE

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

Details

Decision Date

29 July 2020

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-2617

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. DPA case 41/2020 - Belgium (2020). Retrieved from cookiefines.eu

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