The Contentious-Administrative Court number 2 of Vigo has imposed a firm five-year suspension on a Galician doctor for unduly accessing the personal data of a patient after a disability assessment consultation.
Improper access outside of working hours
The case dates back to June 26, 2024, when the doctor performed a 30-minute disability assessment consultation for a patient. According to the judicial resolution, that same afternoon and outside his working hours, the physician returned to the health center and accessed the patient's file again. The court has considered that "it is objectively and electronically recorded" that the doctor returned with the main purpose of consulting the personal data of the patient he had attended in the morning.
Recognition of the facts and motivations
During the process, the doctor admitted having called the patient from his personal number. He declared that his intention was "to invite the patient for a beer" to "talk about the disability situation and the assessment". The healthcare professional argued before the court that some of the patient's physical problems could be related to psychological or psychiatric factors, which, in his opinion, would benefit the assessment. Furthermore, he considered that the consultation time was not sufficient and for that reason he wanted "to meet with her afterwards".
Judicial assessment and grounds for conviction
The judge has considered it proven that the appellant, availing himself of his position, of his post, of his professional capacity, accessed the personal data of, at least, one patient. The ruling highlights that it was not the patient who contacted the doctor nor provided her phone number. The magistrate emphasizes that, even if the patient accepted the proposal, "it is the appellant who proposes the appointment and even the place, and this crucial aspect, cannot be denied, nor can it be extracted solely from the preliminary proceedings, nor does it dilute".
The court concludes that the doctor violated the Public Employment Law of Galicia, which prohibits the use of personal data for purposes unrelated to professional activity. According to the ruling, the doctor's behavior constitutes an unacceptable overreach and an unjustifiable abuse of professional status.
Sanction and employment consequences
The sentence imposed by the court definitively suspends the doctor from his duties for five years. In addition, the total exclusion from the waiting lists or employment pools in force at the time the sanction is imposed, for the same period of five years, is decreed.