Court case 9 O 158/21 – Court Ruling (Germany, 2022)

Court Ruling
DPA LGBonn29 August 2022Germany
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.

A German court dismissed a patient's claims against a hospital, ruling that the surgery and care met medical standards. The patient had requested access to her medical data under GDPR, which the hospital provided. This case shows that hospitals must provide complete medical records when requested.

What happened

A court found that a hospital provided all required personal data to a patient who requested it under GDPR.

Who was affected

The affected person was a patient who underwent surgery and later requested her medical records.

What the authority found

The court ruled that the hospital had properly provided all necessary personal data and that the surgery and care were conducted according to medical standards.

Why this matters

This ruling emphasizes the importance of hospitals maintaining comprehensive records and fulfilling data access requests under GDPR. It reassures patients that they can expect transparency regarding their medical data.

GDPR Articles Cited

Art. 15 GDPR
Art. 4(1) GDPR
Art. 4(6) GDPR
Art. 82 GDPR

National Law Articles

§ 630a BGB
Decision AuthorityLG Bonn
Full Legal Summary
Detailed

The plaintiff, who suffered severe shoulder pain and had an unstable biceps tendon, underwent surgery at the defendant hospital on 10 January 2019. Despite an elective medical agreement with the defendant anesthesiologist, he did not participate in the surgery due to unavailability. Post-surgery, the plaintiff reported numbness in her left cheek and speech difficulties, which she claimed were initially dismissed by the hospital staff. Subsequent medical evaluations found no acute issues, but a suspected hypoglossal nerve palsy was diagnosed. The plaintiff declined the recommended corticosteroid therapy. On 16 February 2019, the plaintiff requested full disclosure of her medical data under GDPR from the hospital, which provided her treatment documentation, claiming it was complete. In November 2019, she initiated an independent evidence procedure, resulting in an expert report. The plaintiff claimed the surgery caused nerve damage due to faulty intubation and positioning and that the hospital's response to her complaints was inadequate and delayed. She also alleged insufficient information on corticosteroid therapy, leading to her rejection of the treatment, and claimed ongoing health issues and job loss due to the surgery complications. The court dismissed the plaintiff's claims, ruling that no treatment errors occurred during the surgery or in the hospital's response to her complaints. The expert testimonies confirmed that the surgery and postoperative care were conducted according to medical standards. The court found the plaintiff's positioning and intubation during surgery to be proper and the complications she experienced to be rare, inherent risks not resulting from malpractice. The documentation of the plaintiff's care was deemed sufficient, and the plaintiff's claim of earlier complaint communication was unsupported. Regarding the GDPR claims, the court held that the hospital had provided all required personal data and adequately fulfilled its disclosure o

Outcome

Court Ruling

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

Violations (1)

Unclear Cookie Information
high

The cookie banner or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.

Art. 12, 13 GDPR

Related Cases (0)

No other cases found for Court case 9 O 158/21 in DE

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

Details

Ruling Date

29 August 2022

Authority

DPA LGBonn

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Court case 9 O 158/21 - Germany (2022). Retrieved from cookiefines.eu

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