Hospital refuses to process Right to Access request, comes up with remarkable response


Questioner

After submitting an official written request under Art. 456 of the WGBO in which I requested my medical file (specific parts) from the hospital of treatment, I received a remarkable response. 'Just look in your digital environment'. That was not my request. I have urgently but kindly requested once again that a written copy of my file be provided. Response: Just fill out a hospital application form. This is not desirable: after all, I cannot tick what I specifically request, which - in my humble opinion - would limit my actual request. That would mean that I would still have to make a request for a more complete file. Better to get it right the first time, if only the hospital didn't seem to want to get in the way by not providing optimal cooperation. Ask: Can/may the hospital refuse my written request on the grounds that a: they refer to the digital environment of the hospital website e/or b: they want to handle this by definition via an 'application form' and not describe it otherwise? Thank you in advance for your response.

Lawyer

In principle, you have the right to inspect your file. You may also request a copy. In principle, this is free of charge. If you can gain access to a digital system, the hospital has in principle fulfilled this obligation, in my opinion, but you may request a copy. The fact that the hospital asks you to fill out an application form does not seem unreasonable to me. You must of course submit a request in this way.

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