Euroopa Inimõiguste Kohus
15.04.2014

Facts

The applicant, Ms. Radu, was a lecturer at the Police Academy. She was hospitalised due to a risk of her miscarrying twins and gave a sick note certifying her absence from work. Her employer requested additional information from the hospital concerning the applicant’s sick leave, and the hospital provided information about her state of health and the treatment. The applicant brought proceedings claiming that due to stress caused by the disclosure of her medical data to her employer she had had a miscarriage.

Complaint

Ms Radu complained that the hospital’s disclosure of her medical data to her employer had breached her right to private life.

Court's ruling

The Court found that the disclosure of the applicant’s medical data to her employer without her consent had not been in accordance with domestic law and therefore her right to private life had been violated.

The Court noted that under the domestic law a doctor was not entitled to disclose information of such sensitive nature to the applicant’s employer without her consent and there were no exceptions applicable in the applicant’s case.