# HM Hospitales: Insufficient legal basis for data processing

- Type: Enforcement
- Source: Spanish Data Protection Authority (aepd)
- Date: 2020-02-25
- Original: https://www.enforcementtracker.com/ETid-216
- Canonical: https://overview.legal/posts/46331
- Topics: Consent, Healthcare, Healthcare, Personal Data, International Transfer, Human Resources, Processing, Supervisory Authorities

## Summary

The data subject stated that at the time of his admission to hospital he had to fill in a form containing a checkbox indicating that, if he did not tick it, he agreed to the transfer of his data to third parties. This form, provided by HM, was not compatible with the GDPR, since consent was to be obtained through the inactivity of the data subject.

## Full text

The data subject stated that at the time of his admission to hospital he had to fill in a form containing a checkbox indicating that, if he did not tick it, he agreed to the transfer of his data to third parties. This form, provided by HM, was not compatible with the GDPR, since consent was to be obtained through the inactivity of the data subject.

GDPR Articles: Art. 5 GDPR, Art. 6 GDPR
Industry: Health Care

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Generated by overview.legal · https://overview.legal/posts/46331 · 2026-08-22