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Consejeria de Sanidad de la Comunidad de Madrid – Complaint Upheld (Spain, 2022)

Complaint Upheld
Agencia Española de Protección de Datos30 September 2022Spain
final
Complaint Upheld

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The Spanish data protection authority found that a third party unlawfully accessed a person's medical files, constituting a data breach. The authority determined that the company responsible did not have adequate security measures in place to protect sensitive data. This case emphasizes the importance of strong data protection practices for organizations handling personal health information.

What happened

A third party accessed medical files without authorization, leading to a data breach.

Who was affected

Individuals whose medical files were unlawfully accessed by a third party.

What the authority found

The authority ruled that the company was liable for the breach due to insufficient security measures to protect sensitive data.

Why this matters

This case highlights the need for companies to implement robust security measures to protect sensitive personal data. Organizations must ensure they are compliant with data protection regulations to avoid breaches.

Recorded legal citations
Automatically processed
Art. 4 GDPR
Art. 24 GDPR
Art. 25 GDPR
Art. 32 GDPR
Art. 5(1)(f) GDPR
Art. 5(2) GDPR
Art. 9(1) GDPR
Art. 57(1) GDPR
Art. 58(2) GDPR
Art. 83(4) GDPR
Art. 83(5) GDPR
Art. 83(7) GDPR
View original scraped data
Art. 4(GDPR)
Art. 5(1)(f) GDPR
Art. 5(2) GDPR
Art. 9(1) GDPR
Art. 24(GDPR)
Art. 25(GDPR)
Art. 32(GDPR)
Art. 57(1) GDPR
Art. 58(2) GDPR
Art. 83(4) GDPR
Art. 83(5) GDPR
Art. 83(7) GDPR

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

National Law Articles
AI-identified
Article 28(1) LOPDGDD
Article 4 Law 41/2002
Article 47 LOPDGDD
Article 48(1) LOPDGDD
Article 63(2) LOPDGDD

Source checks

Linked-source text retrieved.

Automated check recorded — 23 March 2026.

Processing notes: articles corrected, national law identified.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

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

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

Cite as: Cookie Fines. Consejeria de Sanidad de la Comunidad de Madrid - Spain (2022). Retrieved from cookiefines.eu

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