A court held that Article 16 GDPR does not require rectification of a medical report where the alleged inaccuracies are not objectively verifiable and concern the physician’s account of a past conversation
English Summary. Facts. UWV, the controller, is the Dutch employee insurance agency.
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A court held that Article 16 GDPR does not require rectification of a medical report where the alleged inaccuracies are not objectively verifiable and concern the physician’s account of a past conversation. English Summary. Facts. UWV, the controller, is the Dutch employee insurance agency. In February 2023, the data subject requested the rectification of a medical report drafted by an insurance physician in August 2012. She argued that the report inaccurately described statements allegedly made during a consultation, including information concerning her treatment, an upcoming medical appointment, contact with a personal coach and her employment. The controller rejected the request because it had not identified inaccuracies or omissions in the report. Instead, it added the rectification request to the medical file as a patient statement. In June 2023, the controller rejected the data subject’s objection and maintained its initial decision. A court dismissed the subsequent appeal. The d