On July 17, 2018, the Portuguese Supervisory Authority (“CNPD”) imposed a fine of 400.000 € on a hospital for infringement of the European Union General Data Protection Regulation (“GDPR”).  The decision has not been made public.  Earlier this week, the hospital publicly announced that it will contest the fine.

According to press reports, the CNPD carried out an investigation at the hospital which revealed that the hospital’s staff, psychologists, dietitians and other professionals had access to patient data through false profiles.  The profile management system appeared deficient – the hospital had 985 registered doctor profiles while only having 296 doctors.  Moreover, doctors had unrestricted access to all patient files, regardless of the doctor’s specialty.  The CNPD reportedly concluded that the hospital did not put in place appropriate technical and organizational measures to protect patient data.

In its defense, the hospital apparently indicated that it uses the IT system provided to public hospitals by the Portuguese Health Ministry.  The CNPD, however, decided that it was the hospital’s responsibility to ensure that the IT system it uses complies with the GDPR.

While Portugal has not “implemented” the GDPR yet, the CNPD applied the GDPR principles to this case and relied on the GDPR to determine the fine.  This is one of the highest fines imposed by the CNPD as of yet.  The current law allocates half of the fine to the CNPD budget – the future implementing law will likely contain a similar provision.

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Photo of Anna Oberschelp de Meneses Anna Oberschelp de Meneses

Anna Sophia Oberschelp de Meneses is an associate in the Data Privacy and Cybersecurity Practice Group.  Anna is a qualified Portuguese lawyer, but is both a native Portuguese and German speaker.  Anna advises companies on European data protection law and helps clients coordinate…

Anna Sophia Oberschelp de Meneses is an associate in the Data Privacy and Cybersecurity Practice Group.  Anna is a qualified Portuguese lawyer, but is both a native Portuguese and German speaker.  Anna advises companies on European data protection law and helps clients coordinate international data protection law projects.  She has obtained a certificate for “corporate data protection officer” by the German Association for Data Protection and Data Security (“Gesellschaft für Datenschutz und Datensicherheit e.V.”). She is also Certified Information Privacy Professional Europe (CIPPE/EU) by the International Association of Privacy Professionals (IAPP).  Anna also advises companies in the field of EU consumer law and has been closely tracking the developments in this area.  Her extensive language skills allow her to monitor developments and help clients tackle EU Data Privacy, Cybersecurity and Consumer Law issues in various EU and ROW jurisdictions.

Photo of Kristof Van Quathem Kristof Van Quathem

Kristof Van Quathem advises clients on data protection, data security and cybercrime matters in various sectors, and in particular in the pharmaceutical and information technology sector. Kristof has been specializing in this area for over fifteen years and covers the entire spectrum of…

Kristof Van Quathem advises clients on data protection, data security and cybercrime matters in various sectors, and in particular in the pharmaceutical and information technology sector. Kristof has been specializing in this area for over fifteen years and covers the entire spectrum of advising clients on government affairs strategies concerning the lawmaking, to compliance advice on the adopted laws regulations and guidelines, and the representation of clients in non-contentious and contentious matters before data protection authorities.