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Right of suppression.
PT 20/2023
The claimant requested the removal of certain records of his clinical history which he considered incorrect. It is necessary to partially estimate the claim, since the entity gave an incomplete response, since it only referred to the deletion of any data that might appear in the clinical history of the applicant, without referring to demonstrations about the alleged falseness/incorrection of these data. The entity is required to request the amendment of the application so that the applicant can provide the proof of the alleged incorrections in the said background.
11/04/2023
Access to the clinical course.
PT 106/2022
The complaining party initiated the present rights protection procedure before this Authority as it considered that the requested entity gave it the requested information (clinical course of visits of 12.09.22 and 21.09.22) in a manipulated manner. In this regard, it demanded access to the original annotations made by doctors doctors to the clinical course of the two reference visits. Well, in consultation with this Authority, the Hospital Clinico has stated that the information it gave to the complainant, in response to his request, is the original version of the notes that doctors made in the clinical course, and that this documentation has not been manipulated or modified. In this regard, the content of the Hospital's response was transferred to the requesting party, so that it would submit the allegations or evidence it considered relevant, warning it that, if within 10 days it did not submit any writings, it would be understood that the Hospital had fully complied with its application for access. After this period, the complaining party has argued nothing against considering their right of access satisfied, which is why it should be concluded that the information that the Hospital gave to the complainant, in response to his request, was all that was in their power. That being the case, it is appropriate to reject the complaint, because the entity gave a full response within the legally envisaged deadline, to the specific terms of the application.
16/03/2023
Identification of positive persons by Covid-19.
IP 501/2021
The FCF made available to football sports clubs a form through which clubs had to identify members with a federal license who were positive of Covid-19 and the federated persons with whom they had been close contact. They also had to report the start date of symptoms and their vaccination state. In this regard, the FCF has argued that the collection of data was carried out in compliance with the Action Plan for Sports Deconfinement of the Government of Catalonia, within which the FCF drew up its Protocol to minimize COVID-19 infections. That being the case, it should be noted that Resolution SLT/3652/2021 of 7 December, which was in force at the time of the reported facts, referred to the content of the action plan for sports deconfinement in anything that did not contradict it. In relation to the above, it must be made on the basis that, knowing which people were positive from COVID-19, the date of symptom presentation, and their vaccination state, was information necessary for the adoption of decisions relating to the organisation of the sports competition. In the light of the above, it should be concluded that the reported processing was disabled by Article 6.1c) GDPR, with the exceptions provided for in Article 9.2g) and i), in connection with the current public health regulations and the prevention of COVID-19 infection.
16/03/2023
Access to a worker's HC3 to check COVID vaccination status.
IP 332/2021
A person, who has requested leave as a nurse at the Terrassa Mutual Hospital, reports two accesses to his HC once he requested leave. It is not proven that these are improper accesses. The organization justifies the access by saying that according to the Department of Health of the Generalitat, it could access to check the vaccination status of its workers.
16/03/2023
Exhibition of Passaport Covid-19 to access facilities at a municipal sports center.
IP 523/2021
The complainant complained about the fact that the Sports Park Municipal Guiera, managed by the City Council of Cerdanyola del Vallès, conditioned access to the users of the sports center, in the exhibition of Passaport Covid-19. In relation to this, it should be noted that Resolution SLT/3787/2021 of 23 December, in force at the time of the event, provided for the requirement to submit the certificate of vaccination, diagnostic testing or recovery of COVID-19 to access "to rooms and gymnasiums where physical and/or sports activity is practised". In these terms, it should be pointed out that the reported processing was made redundant by Article 6.1 GDPR (c) since it was necessary to comply with a legal obligation and that, according to the exceptions provided for in Article 9.2 g) GDPR, the processing of health data must be necessary for reasons of essential public interest, and for the exception of paragraph 1(i) of the aforementioned article, which provides that the processing must be necessary for reasons of public interest in the field of public health. Ultimately, the complainant complained about the fact that PEM Guiera staff accessed his personal data, without prior consent. However, consulted by this Authority, the complainant confirmed that he had not exhibited the Passaport covid-19 to the staff of the PEM Guiera when required, and the complainant has argued that the staff of the center acted in the exercise of their functions, so no breach of the current legislation is noted.
07/03/2023
Undue access for nursing staff.
PS 88/2022
It resolves to admonish the ICS as being responsible for the infringement of the principle of confidentiality, since nursing staff would have accessed different clinical histories in an unjustified manner, and it resolves to archive the facts relating to certain accesses that are considered justified. It is also proposed that the entity take disciplinary action against the person responsible for improper access.
02/03/2023
Resolution archiving of a complaint for improper access to HC3 of the complainant by personnel of the mutual EGARSAT.
IP 472/2022
Undue access to the HC3 of the complainant is not credited. The filing of the complaint is resolved because the complainant has accredited that the data referring to the complainant's HC3 was extracted from an opinion submitted to them by the INS.
02/03/2023
Denying information about accesses to clinical history
IAI 3/2023
Data protection regulations do not prevent the person from notifying the data they request, regarding access to their clinical history, including the identity of the professionals who have accessed it, in relation to the requested period.
24/02/2023
Undue access to HC3.
PS 91/2022
There are four unjustifiable accesses to the HC3 of the person denouncing by staff of the Sanitary Corporation Parc Taulí de Sabadell. It resolves to admonish the Corporation as the person responsible for an infringement provided for in Article 83.5.a) in relation to Article 5.1.a), both of which are in the GDPR, for 2 undue access to the HC3 which have not been prescribed, for the violation of the basic principles for processing, specifically the principle of application.
22/02/2023
Access to clinical history for statistical purposes.
IP 234/2021
It is decided to archive the present complaint since the access to the clinical history of the complainant was made from a Primary Care Center, by a professional who had assigned administrative and statistical management tasks, within the framework of the National Statistical Plan (2021-2024). In this respect, it should be concluded that the aforementioned access is covered by Article 6.1e) GDPR on the exercise of public powers, in accordance with Law 12/1989 of 9 May, on the Public Statistical Function.
14/02/2023
Total number of pages: 36