Violation of the data protection law in Spain. GDPR

by Blade R 9 Replies latest watchtower scandals

  • Blade R
    Blade R

    According to the resolution of the Data Protection Agency, the information was used for other purposes than those authorized.

    The Data Protection Agency has imposed a fine of 10,000 euros to Jehovah's Witnesses for collecting data from doctors and patients without prior authorization.

    The religious institution has a Hospital Liaison Committee (CEH) in each province that visits the hospitals to find out the degree of collaboration of the medical staff according to the beliefs of the Jehovah's Witnesses, "which is only realization of surgeries without transfusions ", is included in the resolution of the Agency to which Medical Drafting has had access.

    When compiling these data, as demonstrated by the resolution, the members of the Committees overreached their duties, gathering information without requesting the relevant permission stipulated by law. The Jehovah's Witnesses have filed an appeal after the ruling but it has not been accepted.

    Without consent

    In the document, the existence of data that have been "stored and conserved, and imply the processing of data without consent that is imputed, estimating that they are part of a file, are related as rights basics". In addition, the resolution recounts certain inaccuracies of members of the Committees: "The statements of the member of the CEH that the database had been destroyed lack veracity to verify the survival of the same, which existed in 2014 and in 2017 - when He did the inspection - they still exist. "

    On the allegation of the defendant regarding whether the data obtained from the doctors who are in their files are included or not within the scope of application of the LOPD, the Agency concise that it is doctors "who provide services in a public hospital , and it is historically data from personal interviews and their willingness to collaborate with the reported.The notes of collaborator / consultant are added to the doctor that consists in their databases, which is not a doctor's own data but a creation of the one denounced. "

    Purpose of the collected data

    As stated in the information to which this media has had access, the data collected in the databases analyzed "do not seek to contact the company / hospital but do so with each and every one of the specialties in the people of their doctors , members of the files, including several physicians within the same specialty in some cases, appreciating that the origin and transfer of the data come from the work of the CEH from which the files are fed ". Therefore, the Agency argues, "we only see a direct relationship with physicians, in no way with the Hospital, it can not be qualified as incidental data when physicians have been classified as collaborators or consultants".

    Así, agrega la AEPD, "no se puede considerar que la inclusión de los datos del médico es meramente accidental en relación con el propósito que justifica el tratamiento, sino que es precisamente la identificación de cada uno de los profesionales médicos el objeto de las bases de datos creadas. y el propósito que motiva su creación ". Por lo tanto, "los médicos cuyos datos se encuentran en los archivos del demandado deben considerarse incluidos en el ámbito de aplicación de la LOPD porque el hecho de ser un médico y practicar la medicina, en sí mismo, no implica el desarrollo de un negocio de actividades, especialmente cuando dicha actividad médica tenga lugar en un hospital público perteneciente al Servicio de Salud de la Comunidad Autónoma de Cantabria en el que otra persona presta el servicio ".

    En resumen, la Agencia considera que el propósito era "crear una base de datos con información de los médicos para conocer su posición con respecto a la medicina sin sangre o la disponibilidad de estas intervenciones. Las fuentes de acceso público, más específicamente en la página web del Hospital, deben ser indicó que no es que solo incluyan los datos de los médicos, sino que aparecen clasificados en carpetas, como colaborador o consultor, datos que no están en el hospital ".

  • The Fall Guy
    The Fall Guy

    Good news indeed!

  • ElderEtta


  • Olig

    Very interesting read... Can't really argue with that!

    Just a thought, wouldn't collecting the numbers of houses that they didn't find in on the field ministry work count as a violation of GDPR? Because they are noting down information that could identify an individual (e.g. number 16 isnt in on Tuesday morning at 10am) without the prior consent of the individual?

    Not an expert in this so I'm not sure!


  • Earnest

    Olig, there was a previous thread discussing JW Door-to-Door Notekeeping Attracts Scrutiny of EU Authorities.

  • OrphanCrow

    Thank you for posting this, Blades. It is very interesting.

    So the data protection laws have effectively exposed the "cult behind the cult" - the WT's bloodless cult. Those "special pioneers" - AKA Hospital Liaison Committee - are now being scrutinized for their data collection on doctors.

    The proselytizing efforts of those special pioneers are not exempt from data protection. However, we know that the org will go ahead and collect the data anyways...that is the way they do things. Ignore the law and make up their own rules and then lie about it when a court tries to hold them accountable.

    The WT/org's involvement with the medical world is going to bite them in the ass really hard one of these days. It looks like it is starting to happen.

  • Beth Sarim
    Beth Sarim

    Very interesting times with this GDPR and WT elder 'heavies' collecting data on doctors and patients...could open a basket full of 'snakes', agreed.

  • Diogenesister

    The lies watchtower has told the faithfull around blood is despicable.

    Only recently at a recent protest a young teen was interviewed by a blogger/You tuber who blogs on religious issues(not a jw).When this lad was interveiwed they asked him about the blood issue, and he responded that blood was unnecessary and alternative treatment was available!! He has been fed this dangerous propaganda.

  • smiddy3

    Violation of the data protection law in Spain. GDPR

    I just wonder if this could apply in other countries and if penalties would apply there also ?

  • OrphanCrow
    smiddy: I just wonder if this could apply in other countries and if penalties would apply there also ?

    That is a good question.

    The WT/org has been collecting data on medical professionals for decades. Their medical "ministry" is very active - they retain comments, notes, and other details on all the doctors that they "call on". Just like the house to house ministry except what they are recording are doctors' views on blood transfusions.

    I would think that this violates more than just Spain's laws on data collection and retention. If more countries came down on this activity, it would sure put a monkey wrench in the WT/org's "special ministry" directed at medical professionals. Blood proselytizing would be curtailed. As it should be.

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