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The Fifth Section of the Provincial Court of Pontevedra (Spain) convicted a nurse from Servizo Galego de Saúde (Sergas) at the Vigo Medical Center. The woman, as an employee of Sergas, was sentenced to three years and ten months’ imprisonment and a fine of 4,050 euros.
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The events took place between January 17, 2016 and October 17, 2019, when the defendant accessed the medical history of his former partner 196 times and the medical history of the victim’s sentimental partner 124 times.
In addition to imprisonment and a fine, the magistrates also decided disqualify the nurse for nine years and forbid her from approaching the wounded for three years.
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The verdict qualified the acts as two continuous crimes of disclosure of secrets. However, mitigation of damages was taken into account because the accused transferred 12,000 euros in favor of the victims as compensation for non-pecuniary damage. On the other hand, the aggravating circumstance of kinship was assessed in the case concerning his former partner. In addition, he was ordered to pay each victim 6,000 euros.
A private prosecution charged a nurse with divulging secrets about her daughter because made 134 accesses without medical indications to his electronic medical record. However, the court acquitted her of this crime, noting that she committed it when her daughter was a minor, and the defendant exercised parental rights and guardianship.
The judges considered it proven that the nurse made all accesses without the explicit or implied consent of the applicants and without medical indications. The verdict emphasizes that the defendant sought to invade the most personal and intimate sphere of the victims, gaining access to information about their state of health, treatment, pharmacological prescriptions and other data relating to their health that had never been communicated to them by their former partner or his couple.
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*This content was created using artificial intelligence based on information from Europa Press and verified by a journalist and editor.
