PHR - 22/01253

Next, the PG examined whether the data subject may be entitled to access the medical assessment on the basis of a different regulation. In doing so, the PR looked at the GDPR. It held that a medical assessment qualifies as personal data and is thus subject to the GDPR. In principle, the data subject had a right to access her personal data in that assessment pursuant to Article 15(1) GDPR. However, Article 23(1)(i) GDPR and Article 41 UAVGthe Dutch implementing act for the GDPR provide the possibility of a restriction to protect the rights and freedoms of others. In the present case, this is the right to prepare for the defence against a legal claim in freedom and seclusion. The PG argued that such a right exists based on Article 6(1) ECHR.See paragraph 7 of the decision for the extensive reasoning behind this argument.Next, the PG examined whether the data subject may be entitled to access the medical assessment on the basis of a different regulation. In doing so, the PR looked at the