Centre Hospitalier Eaubonne Montmorency – Court Ruling (France, 2025)

The data subject was hospitalised in the Eaubonne Montmorency Hospital Centre (the controller) in 2019. The first medical report created at the time of hospitalisation indicated a diagnosis of bipolar affective disorder, among others. The data subject showed that the controller issued a second medical report during the same hospital visit with a diagnosis of an adjustment disorder. Furthermore, she submitted medical reports from other hospitals ruling out the diagnosis of bipolar disorder. In 2020, the data subject made a request to the controller for the rectification of the initial medical diagnosis under Article 16 GDPR and Article 17 GDPR. The controller rejected her request and the data subject filed a petition before the Administrative Court of Cergy-Pontoise for an order to correct the medical records. The petition was rejected by the court. The data subject filed an appeal with the Administrative Court of Appeals of Versailles to overturn the judgment of the Administrative Court of Cergy-Pontoise. In the appeal, the data subject sought the same order for rectification. The court rejected the data subject’s appeal. The court noted that the initial diagnosis was the result of subjective medical assessments of the data subject’s state of health. Moreover, the court emphasised that a different subsequent diagnosis did not imply that the initial diagnosis was inaccurate. Therefore, the court found that the diagnosis cannot be subject to the right of rectification.