Eight toilets accused of accessing records without permission

The Prosecutor’s Office of the Principality of Asturias requests prison for eight toilets from the Central University Hospital of Asturias (HUCA) accused of accessing a colleague’s medical records without justification. The oral hearing is scheduled for this Tuesday, January 10, in the Third Section of the Provincial Court, based in Oviedo, at 10:00 a.m.

The Public Prosecutor maintains that the January 8, 2017a doctor had to be admitted to HUCA, where he practices his profession and where he stayed for a day and a half.

The defendants, officials of the Health Service of the Principality of Asturias, provide their services in the same hospital and have access, with a username and individual personal password, to the medical history of patients through the Millennium program.

Thus, the defendants, on January 8, 9, 10, 12 and 19 and February 3, 2017, being aware of the confidentiality commitment that governed their work, using their username and personal password, accessed from your job position at HUCA to the record of your partner, without your consent or knowledge and without there being a care relationship that could justify it. The defendants are four nurses, a doctor and two clinical assistants.

It is not proven that, apart from the infringement of the right to privacy derived from the access to victim’s medical recordsthe defendants will act to the detriment or cause to the same some other additional damage.

The Prosecutor’s Office considers that the facts reported constitute crimes of discovery and disclosure of secrets. For this reason, it requests that six of the defendants be sentenced to 2 years and 7 months in prisonspecial disqualification for the exercise of the right to passive suffrage during the time of the sentence, 19 month fine, with a daily fee of 10 years, with subsidiary personal liability in case of non-payment and absolute disqualification for 6 years and 1 month; and two other defendants to 3 years and 3 months in prison, special disqualification for the exercise of the right to passive suffrage during the time of the sentence, a fine of 21 months, with a daily quota of 10 years, with subsidiary personal responsibility in case of non-payment and absolute disqualification for 9 years and 1 month.

As regards civil liability, the Public Prosecutor requests that each of the defendants compensate the victim with 1,000 eurosplus the corresponding legal interests and the subsidiary civil liability of the Health Service of the Principality of Asturias.