Data protection and responsability of Administration

Commentary on the Tribunal Supremo of 22 february 2012

Abstract

The interest of this course lies in the limits to be observed by the Administration when requesting personal information so given, during the processing of any administrative proceeding. In this case, we have a request for a financial liability for injuries from a fall on a public facility, a procedure in which the Administration requested as proof the patient's overall medical history, focusing on whether the accident was under the influence of alcohol or drug intake. Well, it saves the pitfall of Article 7.º 3 of the Data Protection Act which makes such provision of information to the consent of the person concerned, specifying that it be considered also implicitly granted when the procedure is the same one who administered requests for their contribution your medical history.