Physician – €5,000 Fine (Germany, 2021)

€5,000Bundesbeauftragter für den Datenschutz1 January 2021Germany
final
Fine

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 doctor in Germany was fined for creating a WhatsApp group with 230 participants without getting their consent. This exposed personal phone numbers and potentially sensitive information about patients. The case highlights the need for consent when sharing personal data in group communications.

What happened

A doctor set up a WhatsApp group with 230 participants without obtaining consent, exposing phone numbers.

Who was affected

The WhatsApp group members, including families of patients, whose phone numbers were shared without consent.

What the authority found

The data protection authority fined the doctor for unlawfully processing personal data by failing to obtain consent for the WhatsApp group.

Why this matters

This case illustrates the importance of obtaining consent before sharing personal data in group settings. It serves as a warning to professionals about the risks of using messaging apps for communication without proper privacy measures.

GDPR Articles Cited

Art. 6 GDPR
Full Legal Summary
Detailed

The DPA of Brandenburg has imposed a four-digit fine on a doctor of child and adolescent psychotherapy. The doctor had set up a Whatsgroup with 230 participants to communicate their new office address. A mother of a former minor patient had filed a complaint with the DPA over this, because the doctor had not obtained consent for the group. All group members were disclosed the phone numbers of other members. In some cases, group members were able to draw conclusions that children from families known to them were or had been in treatment with the physician. For this reason, the DPA determined that the doctor had unlawfully processed the data of the WhatsApp group members due to a failure to obtain consent.

Details

Fine Date

1 January 2021

Authority

Bundesbeauftragter für den Datenschutz

Fine Amount

€5,000

Enforcement Tracker ID

ETid-1277

About this data

Data: CMS GDPR Enforcement Tracker
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Physician - Germany (2021). Retrieved from cookiefines.eu

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