A Collection is a selection of features, articles, comments and opinions on any given theme or topic. It allows you to stay up‑to‑date with what interests you most.
Login here to access your saved articles and followed authors.
We have sent you an email so you can reset your password.
Sorry, we had a problem.
Tags related to this article
Published 1 December 2014
In a number of decisions issued during this period (including, without limitation, the decisions under numbers 166/2014, 167/2014, 171/2014, 177/2014, 179/2014), the Hellenic Data Protection Authority (HDPA) authorised the disclosure by various health care providers (e.g. hospitals and/or doctors) in their capacity as data controllers of sensitive data of medical service recipients (data subjects) to third parties for judicial purposes, provided that the data subjects would be previously notified thereof.
Depending on the circumstances of each case, the disclosure of sensitive data, for which a license from the HDPA was sought, typically related to providing access to content of medical file records or other medical information regarding data subjects to third parties, for the latter to be able to use such information in the context of pending litigation relating to data subjects (e.g. defence of medical practice lawsuit filed against a dentist by a data subject, support of a lawsuit filed by a husband against data subject/his wife for the award of child custody and the determination of the family housing, support of a petition for injunctive relief filed by a parent relating to child contact).
In addressing the relevant requests of healthcare providers, the HDPA took into account the provisions of law 2472/1997 (Hellenic Data Protection Act) on terms and conditions for a lawful processing of sensitive data, and the prior notification of data subjects by the data controllers regarding the disclosure of their data to third parties as well as the provisions of Medical Code on granting of medical certificates, by way of exception, to third parties and examined whether:
Such HDPA decisions could be used, upon circumstances, as a reference in case of relevant requests by insurers to the HDPA.
Supplied by Maria Demirakou, Attorney-at-Law (Senior Associate) at Rokas Law Firm in Athens, Greece.
To be taken into account by companies if they operate in Greece, in the context of submission of requests to the HDPA for the granting of license for disclosure of sensitive data of its clients to third parties, for judicial purposes.
London - Walbrook
+44 (0)20 7894 6577
+44 (0) 20 7894 6925