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2021-0.119.956 (D124.1965), The right of access (Art. 15 GDPR) does not include the sending of records, but it does include a right to access health-related data in patient records

13/08/2021 by Andreas Schindler

The complainant filed a complaint against the City of Vienna, represented by MA 63, claiming that her right to information had been violated because her health-related data (patient files, diagnoses, examination results, etc.) from her hospital stays had not been disclosed to her. The complainant relied in particular on Rec. 63, 2nd sentence GDPR.
The respondent argued that under the GDPR there is no right to transmit all patent files in full as a copy. In addition, a copy of the medical history was to be provided against reimbursement of costs pursuant to § 17a para. 2 lit. g Wr. CISA possible. Art. 15 of the GDPR would be separated from the more specific rights under the Wr. CISA, which has its foundations in European law in Directive 2011/24/EU.

The data protection authority upheld the complaint and found a violation of the right to information, as the respondent’s information only contained the names of the files/findings and therapies with dates. From Art. 15 iVm. ErwGr. 63 2 sentence of the GDPR, there is no entitlement to the (free) disclosure of entire documents, but there is an entitlement to the health-related data in patient files, i.e. information such as diagnoses, examination results, findings of the treating physicians and information on treatments or interventions.

In addition, § 17a para. 2 lit.g Wr. KAG does not apply Article 15 of the GDPR, since Directive 2011/24/EU refers to Directive 95/46/EC (now the GDPR), which governs the processing of personal data, and the Wr. KAG does not provide for a more specific right to information without reimbursement of costs.

This decision is legally binding.

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