On November 15, 2024, the Icelandic data protection authority (Persónuvernd) announced that the National Court issued a decision No. 274/2023 overturning the decision of the Reykjavík District Court from March 16, 2023, in the case of Íslensk geðiräðir ehf.

Background to the decision

The National Court clarified that on November 23, 2021, the Persónuvernd issued a decision in case No. 2020061951 in which it concluded that blood samples had been taken from inpatients at Landspítala and used in a scientific study without their consent and before the Scientific Ethics Committee granted the required permission, which is unlawful under the Act 90/2018 on Privacy and Processing of Personal Data and the General Data Protection Regulation (GDPR).

The decision was appealed before the Reykjavík District Court and subsequently before the National Court.

Findings of the Court

The National Court found that despite the pressure that the COVID-19 pandemic put on Icelandic health authorities, these circumstances do not justify deviating from legal regulations on personal protection and the processing of personal information.

Outcomes

Following the above, the National Court rejected the appeal of Íslenskr genéanalysi ehf, and the decision of the Persónuvernd, therefore, remains unchanged.

 You can read the press release here and the decision here, both only available in Icelandic.