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Supreme Court case law

Accessing a former partner’s medical records

One case of The Criminal Chamber related to criminal services.

Supreme Court · Second Chamber (Penal) · 2016

ECLI:ES:TS:2016:185 · Date of resolution: 03/02/2016

What the Supreme Court considered and decided

The Supreme Court upheld a conviction for unauthorised computer access to a former partner’s and relatives’ medical records. It considered misuse of professional access and repeated consultations of the records.

What this helps explain

Having access credentials does not amount to being authorized to consult health data for personal reasons.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.

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