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Disziplinarrat der Österreichischen Ärztekammer – Complaint Upheld (Austria, 2021)

Complaint Upheld
Datenschutzbehörde24 November 2021Austria
final
Complaint Upheld

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The Disciplinary Council of the Austrian Medical Association was found to have violated a complainant's right to secrecy by revealing their identity. This is important because it shows that confidentiality must be protected in all complaints.

What happened

The Disciplinary Council shared the complainant's identity with the doctor they reported, violating their right to secrecy.

Who was affected

The individual who reported the doctor was affected by the breach of their confidentiality.

What the authority found

The Austrian DPA ruled that the Disciplinary Council violated the complainant's right to secrecy under GDPR principles.

Why this matters

This ruling underscores the importance of protecting individuals' identities in complaints. Organizations must ensure they handle personal information carefully to maintain trust.

Recorded legal citations
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View original scraped data
Art. 51(1) GDPR
Art. 57(1)(f) GDPR
Art. 77(1) GDPR

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

National Law Articles
AI-identified
§1 DSG
§18(1) DSG
§24(1) DSG
§24(5) DSG

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Processing notes: articles corrected, national law identified.

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Full Legal Summary
Detailed

The complainant is a data subject who learned a general practitioner was spreading misinformation about COVID-19 by displaying booklets containing non-scientific and partially conspirational information in their practice. The complainant reported the doctor to the Medical Association for Lower Austria, attaching a picture of the booklets as evidence. This body forwarded the complaint to the Disciplinary Council of the Austrian Medical Association to begin an inquiry into the matter. The Council then notified the practitioner that was complained about in the inquiry. In doing so it attached the original (non-redacted) email from the complainant, de facto revealing their identity to the practitioner. Thus, they complained to the Austrian DPA about a violation of their right to secrecy under §1 DSG. The DSB assessed whether the Disciplinary Council of the Austrian Medical Association violated the complainant's right to secrecy by sharing their name to the doctor they reported to the body, which should be done in light of the GDPR, with a particular emphasis on its 'general principles'. The Disciplinary Council of the Austrian Medical Association argued the transfer of personal data to the practitioner was lawful under §153(4) of the national 'Ärztegesetz' ('Doctor Law'). The DSB disagreed, stating the forwarding of the complainant's name does not comply with the principle of data minimisation. Thus, the DSB held that the Disciplinary Council of the Austrian Medical Association violated a data subject's right to secrecy by sharing the email containing their name to the doctor they reported.

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Related Enforcement Actions (0)

No other enforcement actions found for Disziplinarrat der Österreichischen Ärztekammer in AT

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

Details

Decision Date

24 November 2021

Authority

Datenschutzbehörde

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Disziplinarrat der Österreichischen Ärztekammer - Austria (2021). Retrieved from cookiefines.eu

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