Court case 6Ob138/20t – Court Ruling (Austria, 2020)

Court Ruling
DPA OGH17 December 2020Austria
final
Court Ruling

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.

An Austrian court case involved a hospital charging a patient for a copy of his medical records, which he argued should be free under GDPR. The Supreme Court sent the case back for further review, highlighting ongoing debates about the cost of accessing personal data.

What happened

A hospital charged a patient for a copy of his medical history, which he claimed should be free under GDPR.

Who was affected

The patient who requested a copy of his medical history from the hospital.

What the authority found

The Supreme Court sent the case back to the lower court to determine if national law can limit the right to a free copy of personal data under GDPR.

Why this matters

This case highlights the tension between national laws and GDPR regarding access to personal data. It underscores the need for businesses to understand when they can charge for data access and when they cannot.

GDPR Articles Cited

Art. 15 GDPR
Art. 12(5) GDPR
Art. 23(1)(e) GDPR
Art. 77(1) GDPR
Art. 79(1) GDPR

National Law Articles

Rechtsinformationssystem des Bundes
§ 6 (1) GTelG
Decision AuthorityOGH
Full Legal Summary
Detailed

The claimant was hospitalised in a hospital for which the defendant was responsible. After being discharged from hospital, the claimant asked the hospital to send his entire medical history to his email address free of charge, citing the GDPR. The hospital responded that the transfer of the medical history was subject to the payment of a fee. The claimant did not pay the fee and the defendant did not provide the claimant with the medical history until the conclusion of the oral proceedings at first instance. The complainant sued the hospital operator for €7,000. The court of first instance upheld the claim, holding that the GDPR regulations overrode national law on the provision of medical records. The claimant was entitled to a free initial copy of the medical history under Article 15(3) GDPR in conjunction with Article 12(3) GDPR. The Court of Appeal amended the judgment to dismiss the claim. It valued the subject matter of the decision at €5,000, but no more than €30,000, and allowed the ordinary appeal because there was no supreme court case law on a patient's right to receive a free initial copy of his medical history under the Data Protection Act. The plaintiff has appealed. Is the right to receive a first copy of medical history free of charge limited by national legislation in a way that is permissible under Article 23 GDPR, or must the principle of chargeability remain inapplicable as a national law contrary to Article 23 GDPR? The Supreme Court repealed the judgments of the lower courts and referred the case back to the court of first instance for re-examination and determination.

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case 6Ob138/20t in AT

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

Details

Ruling Date

17 December 2020

Authority

DPA OGH

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Court case 6Ob138/20t - Austria (2020). Retrieved from cookiefines.eu

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