A patient has the right to obtain a first copy of his or her medical file free of charge, ruled the Court of Justice of the European Union in a judgment handed down on Thursday 26 October (case C-307/22).
In Germany, a patient challenged his dentist’s refusal to provide him with a copy of his medical records free of charge, on the grounds that German law required the patient to bear the costs incurred.
Referred to the Court for a preliminary ruling by the German Federal Court of Justice, the Court is interpreting the General Data Protection Regulation (2016/679). In the court’s view, the dentist must be regarded as the controller with regard to her patient’s patient’s personal data. The Court ruled that the dentist was obliged to provide her patient with an first copy of their medical file free of charge.
Patients also have the right to obtain a full copy of the documents contained in their medical records, including diagnoses, test results, assessments by treating physicians and any treatment or intervention administered.
To see the Court’s ruling, go to https://aeur.eu/f/9aq (Original version in French by Mathieu Bion)