Dentoestetic Centro de Salud y Estética Dental SI – Complaint Upheld (Spain, 2022)

Complaint Upheld
Agencia Española de Protección de Datos6 September 2022Spain
final
Complaint Upheld

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

A Spanish dental clinic failed to respond to a patient's request for access to his medical records. The Spanish DPA ordered the clinic to comply with the request within ten days, emphasizing the patient's right to access personal data. This case highlights the importance of promptly addressing data access requests.

What happened

Dentoestetic Centro de Salud y Estética Dental SI did not respond to a patient's request for access to his medical records.

Who was affected

The affected individual was a patient who requested access to his medical records from the dental clinic.

What the authority found

The Spanish DPA ruled that the clinic violated GDPR by not responding to the patient's access request, which is a fundamental right under the regulation.

Why this matters

This case reinforces the obligation of healthcare providers to respect patients' rights to access their personal data. It serves as a reminder for businesses to have procedures in place to handle such requests efficiently.

GDPR Articles Cited

Art. 12 GDPR
Art. 15 GDPR

National Law Articles

article 13, LOPDGDD
article 15, 18, Ley 41/2002
Full Legal Summary
Detailed

The data subject requested access to his medical records, but the controller, a dental clinic, did not respond. Therefore, the Spanish DPA has ordered the defendant to present the answer within ten days. According to the Spanish DPA, the data subject’s request is assured by the right to Access of his medical records, so the controller could not let him with no answers, even if it claimed there was no data subject’s data in its records. That is because the request has forced the clinic to give to the claimant an express response, including any justified reasons for denying the request or for requesting any rectifications that might be necessary. Since the clinic did not observe the requirements of art. 15 and 18 of the Spanish regulation regarding clinical information and documentation (“Ley Española 41/2002”), nor the provisions on transparency of information and right to access that are in the art. 12 and 15 of GDPR, the Spanish DPA imposed to the clinic the obligation to observe the right of access exercised by the claimant, or at least expressly deny it with a motivated reason.

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Related Enforcement Actions (0)

No other enforcement actions found for Dentoestetic Centro de Salud y Estética Dental SI in ES

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

Details

Decision Date

6 September 2022

Authority

Agencia Española de Protección de Datos

GDPRhub ID

gdprhub-5462

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Dentoestetic Centro de Salud y Estética Dental SI - Spain (2022). Retrieved from cookiefines.eu

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