How to get your data rectified, updated or removed?

Request to data user

You have the right to request the person or institution that processed your medical data to update, rectify or delete your private information.

Appeal to Data Protection Inspectorate

If the data user has refused to do so, you have the right to appeal to the Data Protection Inspectorate. In your application you should indicate:

  • the kind of action that you expect from the person
  • if possible, the relevant provisions of the law which have been violated
  • arguments as to why the data user should have fulfilled your request
  • and include relevant documents that substantiate your opinion, if there are any

Data Protection Inspectorate evaluates whether the data processor has behaved lawfully in refusing information, and may order dissemination of data if necessary.

Appeal to Administrative court

If you are not satisfied with the decision taken by the Data Protection Inspectorate, you can challenge the decision in the Administrative court and in addition, ask for compensation due to the refusal of the Data State Inspectorate. You can learn more about how to prepare your application and other requirements as well in the Code of Administrative Court Procedure.

The Administrative court will assess whether the data user has acted lawfully and, if necessary, may oblige the Data State Inspectorate to order the data user to update, rectify or delete your medical data. The court may also order compensation if you have requested it.

Resources

Last updated 08/06/2019