Skip to content
Enforcement · Italian Data Protection Authority (Garante) EN LLM context A cited markdown file you can paste into your AI assistant (ChatGPT, Claude, a RAG or project knowledge base) to ground it in this document. Contains: this document’s text, its sections with their topics, and the full text of every law provision it applies. Everything links back to its source on overview.legal — legal information, not advice.

Physician: Insufficient legal basis for data processing

The Italian DPA (Garante) has fined a physician EUR 2,000.

€2,000 Fine
Physician
ITALY
Art. 5 GDPR Art. 9 GDPR

Full text

The Italian DPA (Garante) has fined a physician EUR 2,000. A patient had complained to the DPA that the doctor had disclosed his personal data to third parties without authorization. The doctor had recommended medical products to the data subject as part of his treatment. A few days later, the data subject received a call from the marketing consultant behind the recommended products. The data subject pointed out that he had never given his consent to the disclosure of his data. The Garante states that no specific consent is required for the processing of personal data necessary for medical treatment. Here, however, the data was processed for the purpose of product promotion, and therefore explicit consent would have been required under Art. 9 GDPR. The physician thus processed the data unlawfully.

Industry: Health Care

How it connects

C-252/21 Meta Platforms v noyb C-252/21 (Meta Platforms (noyb)) CJEU Jan 12, 2023 Supervisory Authorities IP Address Supervision
C-203/22 CK v Magistrat der Stadt Wien In Case C-203/22, the Court of Justice of the European Union interpreted Article 15(1)(h) of the GDPR in response to a preliminary ruling from the Verwaltungsgericht Wien… CJEU ·First Chamber Feb 27, 2025 Profiling Automated Decision-Making Marketing
2025 EDPB Annual Report 2024 De EDPB heeft het Jaarraport van 2024 gepubliceerd. Met ook een handzame samenvatting voor degene die geen tijd hebben. Er wordt ook een lijst met zaken van enkele DPAs… Apr 23, 2025 Direct Marketing Legitimate Interest Privacy by Design
Opinion 2/2022 EDPB-EDPS Joint Opinion 2/2022 on the Proposal of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act) 1 Adopted EDPB - EDP S Joint Opinion 2/2022 on the Proposal of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act) Adopted… Opinion May 4, 2022 Personal Data Data Portability Healthcare
C-169/23 Nemzeti Adatvédelmi és Információszabadság Hatóság v UC In Case C-169/23, the Court of Justice of the European Union (Third Chamber) ruled on a preliminary reference from the Kúria (Hungary) concerning whether the Budapest Metropolitan… CJEU ·Third Chamber Nov 28, 2024 Personal Data Legitimate Interest Supervision
2022 EDPB Annual Report 2021 Enhancing the depth and breadth of data protection 2 EDPB Annual Report 2021 2 ENHANCING THE DEPTH AND BREADTH OF DATA PROTECTION An Executive Summary of this report, which… May 12, 2022 Privacy Shield Processing Agreement International Transfer