Peter Nowak v Data Protection Commissioner: Potential Aftermaths Regarding Subjective Annotations in Clinical Records Articles uri icon

publication date

  • January 2019

start page

  • 175

end page

  • 183

issue

  • 2

volume

  • 5

International Standard Serial Number (ISSN)

  • 2364-2831

Electronic International Standard Serial Number (EISSN)

  • 2364-284X

abstract

  • 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.

subjects

  • Law

keywords

  • data protection; subjective annotations; clinical record; gdpr; general data; protection regulation; european court of justice