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Erasmus University Medical Centre Rotterdam – Court Ruling (Netherlands, 2019)

Court Ruling
DPA RbRotterdam12 December 2019Netherlands
final
Court Ruling

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The court ruled that Erasmus University Medical Centre Rotterdam did not have to provide DNA material to a woman claiming it was her father's. This decision matters because it protects the privacy rights of deceased individuals. Medical institutions should respect consent and confidentiality when handling sensitive data.

What happened

The court decided that the university was not obligated to provide DNA material due to privacy concerns.

Who was affected

The woman who requested her deceased father's DNA material.

What the authority found

The court ruled that disclosing the DNA material would violate the deceased man's wish for confidentiality.

Why this matters

This case underscores the importance of respecting privacy and consent, even after death. Medical institutions should have clear policies regarding the handling of sensitive data.

Recorded legal citations
Automatically processed
Art. 4(2) GDPR
Art. 9(1) GDPR
Art. 9(2) GDPR
View original scraped data
Art. 4(2) GDPR
Art. 9(1) GDPR
Art. 9(2) GDPR

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

Decision AuthorityRb. Rotterdam

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Full Legal Summary
Detailed

The plaintiff asked from the Erasmus University Medical Centre Rotterdam (“EUMCR”) to provide her the DNA material of a person died in 2018 alleging that this person was her father. The deceased man had participated in a medical-scientific research at the EUMCR, prior to which he had filled in a “patient consent form”. According to this form, he expressed his wish that his body material would be treated confidentially. The EUMCR refused to provide the plaintiff the DNA material claiming that: * there is no legal basis under which it is obliged to provide this material, * the man’s wish had been expressed unambiguously, thus such a disclosure would contravene the GDPR and * it is bound by professional secrecy. The Court had to balance the plaintiff’s right to personality which includes her right to know her parents and the right of the deceased man and his family to privacy which is here protected by the EUMCR’s duty of confidentiality. The Court went through this balancing exercise and first invoked Recital 1 GDPR and Recital 4 GDPR and the definition of processing under Article 4(2) GDPR. Then, it noted that according to Article 9 GDPR and Recital 35 GDPR genetic data must be protected as sensitive data. The man’s consent to processing was only referred to the purposes of the research he participated in. Further, none of the requirements in Article 9(2) GDPR is fulfilled. The Court concluded that in this case the interest of the EUMCR must outweigh the plaintiff’s interest and the EUMCR must not provide her the DNA material. The Court rejected the plaintiff's claim.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Erasmus University Medical Centre Rotterdam in NL

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

Details

Ruling Date

12 December 2019

Authority

DPA RbRotterdam

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Erasmus University Medical Centre Rotterdam - Netherlands (2019). Retrieved from cookiefines.eu

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