CJEU case C‑307/22 FT (Copies of medical records) – CJEU Judgment (Germany, 2023)

The case involved a dispute between a patient (DW) and a healthcare practitioner (FT) regarding access to the patient's medical file. DW is the data subject and FT the controller. DW received dental care from the controller and suspected errors during the treatment. DW requested a free copy of their medical file from FT. FT insisted that DW should bear the costs associated with providing the copy, in accordance with German national law. Initially, DW's request for a free copy was granted, as the first-instance court based their interpretation of German national legislation in light of Article 12(5) and Article 15(1) and 15(3) GDPR. FT appealed this decision to the Bundesgerichtshof (Federal Court of Justice, Germany). The court stated that the solution to the dispute depends on the interpretation that should be given of the provisions of the GDPR. Therefore, the Bundesgerichtshof referred the case to the CJEU as a preliminary reference with the following questions: 1. Does the GDPR (Article 15(3) GDPR, read in conjunction with Article 12(5) GDPR) require the practitioner to provide a free copy of the patient's personal data when the patient's request is for a purpose other than those mentioned in the GDPR under recital 63? For example in this case, requesting a first copy of their medical file in order to hold a medical practitioner liable? 2. If the answer to the first question is negative: a) Can a national provision adopted before the GDPR came into force restrict the right to receive a free copy of personal data granted by the GDPR?In this case the rights granted by reading first sentence of Article 15(3), in conjunction with Article 12(5) of the GDPR under Article 23(1)(i) GDPR. b) If the answer to a) is positive, do the 'rights and freedoms of others mentioned under Article 23(1)(i) GDPR include being relieved of the costs and charges associated with providing a copy of the data? c) If the answer to b) is positive, does a national regulation that gives the d