Azienda Universitaria Giuliano Isontina
GDPR enforcement action by Italian Data Protection Authority (Garante) on 2022-12-15.
Case details
- Authority
- Italian Data Protection Authority (Garante)
- Date
- 2022-12-15
- Controller / Processor
- Azienda Universitaria Giuliano Isontina
- Sector
- Health Care
- Quoted Articles
- Art. 5 (1) a) GDPR, Art. 9 GDPR, Art. 14 GDPR, Art. 35 GDPR, Art. 2-sexies Codice della privacy
- Type of violation
- Insufficient legal basis for data processing
Summary
The Italian DPA has imposed a fine of EUR 55,000 on Azienda Universitaria Giuliano Isontina . The health authority has created patient profiles using algorithms and personal patient data to indicate the risk of having complications in the event of a Covid 19 infection. This was intended to identify appropriate diagnostic and therapeutic pathways in a timely manner in the event of complications. However, the DPA found that the health authority did not have a valid legal basis to process patients' personal data for profiling. In addition, the DPA found that the health authority had failed to conduct a data protection impact assessment. In calculating the fine, the DPA took into account the aggravating factor that a large number of individuals were affected.