- Enforcing jurisdiction
- Spain · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Osakidetza-Servicio Vasco de Salud – Court Ruling (Spain, 2022)
Privacy enforcement record
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The Basque High Court upheld a decision against a health service provider for including unnecessary sensitive medical information in a report. This ruling reinforces the importance of only using relevant data, which is crucial for protecting individuals' privacy.
What happened
The court ruled that Osakidetza-Servicio Vasco de Salud violated data minimization principles by including unrelated sensitive medical data in a report.
Who was affected
A person whose sensitive medical information was improperly included in a report about her foot injury.
What the authority found
The court rejected the health service's arguments and upheld the DPA's warning for not minimizing data collection.
Why this matters
This case highlights the need for health service providers to strictly adhere to data minimization principles, reminding all companies to carefully consider the data they collect and share.
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Linked-source text retrieved.
Automated check recorded — 18 March 2026.
Processing notes: articles corrected, national law identified.
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The data subject submitted a complaint to the Basque DPA following the inclusion of unrelated sensitive medical data (her gender reassignment) in a report about her injured foot. After investigating, the DPA issued a warning to the controller, Osakidetza-Servicio Vasco de Salud, for violating the principle of data minimisation Article 5(1)(c). The controller appealed the decision to the Administrative Court No. 2 of Vitoria-Gasteiz, which upheld the appeal. The DPA then appealed that court's decision to the Administrative Chamber of the High Court of Justice of the Basque Country, which upheld the DPA's appeal. Finally, the controller appealed the High Court's decision to the Spanish Supreme Court. Before the Supreme Court, the controller argued that, in light of the fact that the personal data had been lawfully collected, the data subject was required to exercise her right of restriction of processing Article 18 GDPR before she could file a complaint with the DPA. As a secondary point, the controller argued that the DPA disregarded relevant circumstances, namely that the medical records were intended only for the data subject. Ultimately, the Court rejected the controller's arguments and dismissed the appeal. The Court first addressed whether, in a case where the controller carries out a processing activity that the data subject considers to be excessive and data has been already collected, the data minimisation principle from Article 5(1)(c) GDPR is directly enforceable, or whether the data subject must first exercise the right to the restriction of processing provided for in Article 18 GDPR. As explained by the Court, Article 18(1) GDPR, in particular in paragraph (d), is linked to Article 21(1) GDPR, which guarantees the right to object to processing. Both rights are of a temporary nature and relate to a disputed deletion of personal data collected on the basis of Article 6(1) (e) or (f). At no point had the data subject sought the deletion of her personal dat
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Osakidetza-Servicio Vasco de Salud in ES
This is the only recorded case for this entity in this jurisdiction.
Details
Ruling Date
19 July 2022
Authority
DPA TSJPasVasco
About this data
Cite as: Cookie Fines. Osakidetza-Servicio Vasco de Salud - Spain (2022). Retrieved from cookiefines.eu
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