Dr. Walter A. (complainant) – Dismissed (Austria, 2021)

Dismissed
Datenschutzbehörde15 February 2021Austria
final
Dismissed

General GDPR enforcement action

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An Austrian privacy complaint was dismissed when a healthcare center shared a negative COVID-19 test result with local authorities. This case clarifies that sharing health data with authorities can be legal under certain regulations.

What happened

A primary care center shared a negative COVID-19 test result with a district authority.

Who was affected

The individual who took the PCR test and had their result shared with local authorities.

What the authority found

The Austrian Data Protection Authority dismissed the complaint, finding that sharing the test result was allowed under health regulations.

Why this matters

This decision shows that sharing health data with authorities may be permissible under specific legal frameworks. Healthcare providers should ensure they understand the regulations governing data sharing in their jurisdiction.

GDPR Articles Cited

Art. 9 GDPR
Art. 6(1)(c) GDPR
Art. 4(15) GDPR

National Law Articles

§ 1 National Law on Epidemics (EpiG)
§ 2 National Law on Epidemics (EpiG)
§ 3 National Law on Epidemics (EpiG)
§ 4 National Law on Epidemics (EpiG)
§ 1 National Data Protection Act (DSG)

Entities Involved

Dr. Walter A. (complainant)
N*** Ärztezentrum-Dr. U*** & Co GmbH (respondent)
Full Legal Summary
Detailed

The respondent operates a primary care centre. Among other things, PCR tests for SARS CoV-2 are carried out under its responsibility. The complainant had a voluntary PCR test (SARS-CoV-2) carried out at the respondent's primary care centre. By text message of 28 September 2020, he had been informed that the result of his PCR test was available and that the result was negative. The following day, he received an SMS with the following text: "Your test result of the sample collection of 28 September 2020 has been received. COVID-19 test for Walter, born 19** is NEGATIVE. Your district administrative authority". The respondent argued that it was allowed to pass on the data on the basis of the Ordinance of the Federal Minister of Health concerning electronic laboratory reports in the register of notifiable diseases, Federal Law Gazette II No. 184/2013 as amended by Federal Law Gazette II 323/2020. However, this was contested. The dispute concerns the question whether the respondent violated the complainant's right to confidentiality by forwarding his information of a negative PCR (SARS-CoV-2) test to a district administrative authority. The DPA held “that the wording of Art. 4(15) GDPR does not link a certain (minimum) impairment of physical or mental health, which argues in favour of a broad interpretation of the term "health data". This is even clearer in Recital 35 of the Regulation, which states that personal data concerning health should include any data revealing information about the past, present and future physical or mental health status of the data subject. These considerations are also covered by the case law of the ECJ, according to which the term "date of health" is to be interpreted broadly (cf. on the comparable legal situation under Directive 95/46 the judgement of the ECJ of 6 November 2003, C 101/01, Rs Lindqvist, para 50 f). As an interim result, it must therefore be noted that (also) the negative test of the complainant is to be qualified as

Outcome

Dismissed

The complaint or investigation was dismissed.

Related Enforcement Actions (0)

No other enforcement actions found for Dr. Walter A. (complainant) in AT

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

Details

Decision Date

15 February 2021

Authority

Datenschutzbehörde

GDPRhub ID

gdprhub-3295

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Dr. Walter A. (complainant) - Austria (2021). Retrieved from cookiefines.eu

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