Request to data user
You have the right to request the person or institution that processed your medical data to rectify or delete your private information.
Appeal to Data State Inspectorate
If the data user has refused to do so, you have the right to appeal to the Data State Inspectorate. In your application you should indicate:
- the kind of action that you expect from the person
- if possible, the relevant provisions of the General Data Protection Regulation 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
Appeal to Administrative court
If you are not satisfied with the decision taken by the Data State 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 Administrative Procedure Law.
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 rectify or delete your medical data. The court may also order compensation if you have requested it.
Articles 9, 18
Applicable as of 25 May 2018
Articles 184, 186 – 189
Joint publication by the EU Agency for Fundamental Rights and the Council of Europe