Disclosure of Medical Records: Procedural Flaws in Secrecy Waiver Decision

The appellant sought to be released from professional secrecy obligations concerning medical records relevant to a prior administrative proceeding regarding health and social matters. The court determined that the initial decision to deny the release was procedurally flawed because the body responsible for the decision failed to properly consider the necessity and proportionality of the disclosure, and the appellant was not afforded a proper opportunity to be heard on the specific arguments raised by opposing parties regarding the release of the sensitive data. Therefore, the court set aside the previous decision and remanded the case for a new decision following proper procedural safeguards and a substantive reassessment of the balancing of interests involved in lifting the professional secrecy requirement.