Consejeria de Sanidad de la Comunidad de Madrid – Complaint Upheld (Spain, 2022)
General GDPR enforcement action
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Spain's data protection authority found that a third party accessed someone's medical records without permission. The health authority had some security measures but they weren't strong enough to protect sensitive medical data. This case highlights the importance of having robust security measures to protect sensitive information.
What happened
A third party unlawfully accessed medical records due to insufficient security measures.
Who was affected
Patients whose medical records were accessed without authorization.
What the authority found
The authority determined that the health authority was liable for the data breach due to inadequate security measures.
Why this matters
The decision underscores the need for strong security measures to protect sensitive data, especially in healthcare, and serves as a warning to organizations handling such information.
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A third party unlawfully accessed the medical files of the data subject. The controller had registries of who accessed medical files, proving that the unlawful access really happened, configuring a data breach. Medical files are part of the special categories of data and the processing of sensitive data has higher risks. The data controller had some means of protection and access control of the data, but not enough. The DPA held that a data breach occurred and that the controller should be considered liable since there were no sufficient measures to avoid unlawful access to the data (Article 5(1)(f) and Article 32 GDPR). Even though some measures were in place, they were not adequate for the protection required for sensitive data (Article 9 GDPR).
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Related Enforcement Actions (0)
No other enforcement actions found for Consejeria de Sanidad de la Comunidad de Madrid in ES
This is the only recorded action for this entity in this jurisdiction.
Details
Decision Date
30 September 2022
Authority
Agencia Española de Protección de Datos
About this data
Cite as: Cookie Fines. Consejeria de Sanidad de la Comunidad de Madrid - Spain (2022). Retrieved from cookiefines.eu
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