Right of Rectification of Personal Data Held by a Data Controller [2007] IEDPC 1
The right to rectification under Section 6 is not absolute, especially for subjective medical data. Where disagreement exists, annotation reflecting the data subject's view is sufficient and appropriate.
- Citation
- [2007] IEDPC 1
- Parties
- Complainant: Complainant; Respondent: Consultant Psychiatrist (Data Controller)
- Jurisdiction
- Ireland
- Procedural Posture
- Data Protection Complaint / Decision by Data Protection Commission
- Outcome
- Complaint resolved by annotation of the medical report; no further rectification ordered.
- Legal Topics
- Right of Rectification, Personal Data, Medical Records, Annotations to Data
Case Brief
Summary, issues, holding and outcome
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Parties
Complainant
Complainant
Consultant Psychiatrist (Data Controller)
Respondent
Procedural Posture
Data Protection Complaint / Decision by Data Protection Commission
Legal Issues
- 1 Whether the complainant is entitled to rectification of a medical report considered inaccurate by her under Section 6 of the Data Protection Acts 1998 and 2003
- 2 Whether annotation of the report is an appropriate remedy when the data controller considers the data accurate but the data subject disagrees
Ratio Decidendi
The right to rectification under Section 6 is not absolute, especially for subjective medical data. Where disagreement exists, annotation reflecting the data subject's view is sufficient and appropriate.
Court Disposition
Complaint resolved by annotation of the medical report; no further rectification ordered.
Orders
- Medical report to be supplemented with the complainant's annotations and explanations.
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