ECJ: Free First Copy of Patient Records

Dec 15, 2023 Benn-Ibler Rechtsanwälte

The European Court of Justice (ECJ) has ruled on the interpretation of the General Data Protection Regulation (GDPR). Patients have the right to request a first copy of their medical records free of charge. There does not have to be any reason for the request.

The German plaintiff was treated by the defendant dentist. The patient believed that his treatment had been carried out incorrectly. In order to pursue liability claims against the defendant, the plaintiff requested a copy of his medical records free of charge.

The defendant did not comply with the request, arguing that German law requires patients to bear the costs of such administrative services.

The patient then sued for the release of his medical records free of charge. The German Federal Court of Justice (Bundesgerichtshof, BGH), which heard the case, referred the matter to the ECJ for a preliminary ruling. The ECJ ruled as follows:

Art. 12 para. 5 GDPR states that all information must be provided by the controller free of charge. Exceptions are cases of abuse of the right. In this case, the processing of the request may also be refused. A reasonable fee may be charged for the provision of each additional copy in accordance with Art. 15 para. 3 GDPR. The data subject must be provided with an accurate and comprehensible copy. This includes diagnoses, test results, records, and treatment details.

The ECJ stated that a doctor is to be regarded as a ‘data controller’ under Art. 4 No. 7 GDPR.

Furthermore, the data subject is not obliged to justify their request. It is irrelevant whether the plaintiff wants to review their personal data or needs these records for future liability proceedings.

The defendant cannot rely on national law which also provides for a reasonable fee for the first copy of the patent file. The persons concerned cannot be required by national law to bear the costs of the first copy.

C-307/22 (26 October 2023)