Case study 7: Collection of photographic identity by a fertility clinic [2012] IEDPC 7 (2012)

Case study 7: Collection of photographic identity by a fertility clinic [2012] IEDPC 7 (2012)

The clinic's new procedures, which allow patients to choose between providing a photograph or presenting photographic identification at each appointment, strike an appropriate balance between the clinic's security needs and the patient's data protection rights.

Citation
[2012] IEDPC 7
Parties
Complainant: Complainant; Respondent: Fertility Clinic
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Decision by Data Protection Commission
Outcome
Complaint resolved with procedural changes
Legal Topics
Collection of Personal Data, Photographic Identification, Consent, Data Minimisation
Data Protection Collection of Personal Data Photographic Identification Consent Data Minimisation

Case Brief

Summary, issues, holding and outcome

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Parties

Complainant

Complainant

Fertility Clinic

Respondent

Procedural Posture

Data Protection Complaint / Decision by Data Protection Commission

Legal Issues

  1. 1 Whether the collection and retention of photographic identity by the clinic was excessive under data protection law
  2. 2 Whether adequate information and consent procedures were in place

Ratio Decidendi

The clinic's new procedures, which allow patients to choose between providing a photograph or presenting photographic identification at each appointment, strike an appropriate balance between the clinic's security needs and the patient's data protection rights.

Court Disposition

Complaint resolved with procedural changes

Orders

  • Clinic to introduce consent forms for photographs
  • Alternative option for patients to present photographic ID at each appointment