CASE STUDIES 2013 - Data Protection Commissioner - Ireland [2013] IEDPC 6 (2013)

CASE STUDIES 2013 - Data Protection Commissioner - Ireland [2013] IEDPC 6 (2013)

The GP contravened Section 2(1)(c)(ii) of the Data Protection Acts by disclosing sensitive medical records unrelated to the knee injury without the complainant's consent.

Citation
[2013] IEDPC 6
Parties
Data Subject: Complainant; Data Controller: General Practitioner (GP); Data Recipient: Financial Insurance Company Limited
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Decision by Data Protection Commissioner
Outcome
contravention found
Legal Topics
Consent, Personal Data Disclosure, Medical Records, Insurance Claims
Data Protection Privacy Law Consent Personal Data Disclosure Medical Records Insurance Claims

Case Brief

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Parties

Complainant

Data Subject

General Practitioner (GP)

Data Controller

Financial Insurance Company Limited

Data Recipient

Procedural Posture

Data Protection Complaint / Decision by Data Protection Commissioner

Legal Issues

  1. 1 Did the GP disclose sensitive personal data to the insurance company without valid consent?
  2. 2 Was the disclosure limited to relevant information as per the consent clause?

Ratio Decidendi

The GP contravened Section 2(1)(c)(ii) of the Data Protection Acts by disclosing sensitive medical records unrelated to the knee injury without the complainant's consent.

Court Disposition

contravention found

Orders

  • GP found in breach of Section 2(1)(c)(ii) of the Data Protection Acts, 1988 & 2003 for disclosing sensitive personal data without consent.