Skip to content

Peter Nowak v Data Protection Commissioner:

Potential Aftermaths Regarding Subjective Annotations in Clinical Records

DOI https://doi.org/10.21552/edpl/2019/2/7

Daniel Jove


On 20 December 2017 the European Court of Justice gave its judgment on the Nowak case. This ruling addresses the potential application of the General Data Protection Regulation (GDPR) to the answers and subjective comments of the examiner. The classification of this data as personal data entails, for the candidate, the possibility of using their rights of access, rectification and objection. This study analyses the Nowak ruling and reflects on the possibility of extrapolating the doctrine which it establishes to other areas. The spotlight is placed specifically on subjective comments in a medical history. The nature of this information is analysed in order to establish whether it is the patient’s personal data and also if limiting the right to access this information is compatible with the GDPR.
Keywords: Data Protection, Subjective Annotations, Clinical Record, GDPR, General Data Protection Regulation, European Court of Justice

Daniel Jove, Research Fellow FPU-MECD, Universidade da Coruña. A preliminary study of this work was defended at the XVI Congress of the Association of Constitutionalists of Spain. For correspondence: <mailto:d.jove.villares@udc.es>.

Share


Lx-Number Search

A
|
(e.g. A | 000123 | 01)

Export Citation