Right to Copy of Medical Records Free of Charge According to Article 15 (3) Sentence 1 of the GDPR vs. Mandatory Reimbursement of Costs by Patient under National Law

The article covers the topic of compatibility national regulations, which contain an obligation for patient to reimburse costs copies from medical record, with regulations GDPR. discussion is based on example German regulation in Section 630g (2) Civil Code (BGB) since Federal Court Justice (2022) recently submitted question this provision GDPR ECJ (European Justice) a preliminary ruling. study also focuses Austria, where Supreme already 2020 had assumed that comparable Art. 17a lit. g Vienna Hospital Act 1987 could be permissible restriction within meaning 23 (1) e concludes request copy record not “excessive” 12 (5) sentence 2 GDPR, although did serve data protection purposes but served assert claims damages against physician. Furthermore, assumes requires bear any case “necessary and proportionate measure” However, physician’s provide free charge wording 15 (3) 1 might possible. Keywords: right charge, necessary measures, patient’s personal data, European Justice, Austrian health law