The patient asked his dentist for a copy of his medical record in order to hold her accountable for the errors she allegedly committed while providing him with dental treatment. However, the dentist is demanding that he pay the fees associated with providing a copy of the medical record, as required by German law.
Believing that he was entitled to a free copy, the patient filed a lawsuit in German courts. In this context, the German Federal Court of Justice referred the matter to the Court of Justice for a preliminary ruling. The German court takes the view that the resolution of the dispute depends on the interpretation of provisions of EU law, specifically the General Data Protection Regulation (GDPR).
In its judgment, the Court of Justice notes that the GDPR establishes the patient’s right to obtain the first copy of their medical records, in principle, without incurring any costs. The data controller may require payment only if the patient has already received the first copy of their data free of charge and requests it again.
The dentist in question must be considered the controller of her patient’s personal data. As such, she is obligated to provide the patient with the first copy of his data free of charge. The patient is not required to justify his request.
Even with regard to the protection of the economic interests of healthcare providers, national legislation may not impose fees on the patient for the first copy of his or her medical record.
In addition, the patient has the right to obtain a complete copy of the documents contained in their medical record if this is necessary to understand the personal data contained in those documents. This right encompasses data in the medical record containing information such as diagnoses, test results, assessments by treating physicians, and any treatment provided or procedures performed.
