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DPA case 64/2025 – Dismissed (Belgium, 2025)

Dismissed
Autorité de Protection des Données1 April 2025Belgium
final
Dismissed

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A complaint about a hospital's handling of a medical file was dismissed by Belgium's data protection authority. The manager accessed an employee's medical records without proper authority, but the authority ruled that the manager was solely responsible. This case highlights the importance of clear data access rules within organizations.

What happened

A manager accessed an employee's medical file without proper authority before the employee was dismissed.

Who was affected

The employee whose medical file was accessed by their manager without proper authority.

What the authority found

The authority found that the manager acted outside their authority, making them the sole controller of the data processing.

Why this matters

This decision emphasizes that individual managers can be held accountable for unauthorized data access. Organizations should ensure that their data access policies are clear and followed.

Recorded legal citations
Automatically processed
Art. 24 GDPR
Art. 4(7) GDPR
Art. 5(1)(f) GDPR
Art. 32(1) GDPR
Art. 33(1) GDPR
View original scraped data
Art. 4(7) GDPR
Art. 5(1)(f) GDPR
Art. 24(GDPR)
Art. 32(1) GDPR
Art. 33(1) GDPR

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

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Full Legal Summary
Detailed

The data subject worked at a hospital. On 2 March 2020, their manager consulted the data subject’s medical file, outside working hours, to check their capacity to receive the news of their termination. The hospital acted as the data controller for the medical files. On 3 March 2020, the data subject was been dismissed. On 16 April 2020, the employer informed the data subject that their file has been consulted by their manager on the 2 March 2020. On 22 April 2020, the data subject lodged a complaint to the DPA regarding the dismissal decision. From the 4 June 2020 to the 11 February 2025, the DPA carried out the proceedings and heard the participants. The DPA dismissed the complaint due to the following reasons. Identification of the controller The DPA recalls that the controller is defined as the entity who determines the purpose and means of the data processing (Article 4.7 GDPR). The DPA clarifies that when an organization’s employee processes data, the processing is typically considered as directed under the organization’s authority. But in this case, the manager unlawfully exceeding the powers given to them by defining the purpose of the processing on his own. For this reason, the DPA considered the manager as the sole only controller. Notification of the violation to the DPA The DPA reminds that the controller must notify the authority of any violation, except if the violation is not likely to create a risk for rights and freedom of the data subject (Article 33.1 GDPR). The DPA underlines that even in case of doubt, or if the controller can’t be sure of the absence of such a risk, the controller must notify the authority. Also, the DPA recalls that a risk can be found in the circumstances of a loss of confidentiality, especially when the data were protected by professional secrecy and reveal the health status of the data subject Recital 75 GDPR. After recalling these legal provisions, the DPA points out that even if the employer is not the controller

Outcome

Dismissed

The complaint or investigation was dismissed.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case 64/2025 in BE

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

Details

Decision Date

1 April 2025

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-9137

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. DPA case 64/2025 - Belgium (2025). Retrieved from cookiefines.eu

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