Unauthorised access to health data and mitigation

Supreme Court · Second Chamber (Penal) · 2018

What the Supreme Court considered and decided

The court upheld a conviction for accessing medical records without authorisation but reduced the sentence. It considered the psychological circumstances and concern for children’s safety established in the case.

What this helps explain

A family motivation does not make access lawful; it can influence guilt if your requirements is proven.

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.