Transport Agency kicks in a lying man
« This statement is materially completely wrong. It is nothing more than an attempt by a public institution for overcrowding over rough and serious offenses and violations of its rich obligation towards my client, who is a pilot and all its under this institution.
The fact is that it seems that the agency's employees do not tolerate my client have taken the matter further. Instead, the Transport Agency kicks in a lying man who, in good faith, announced the agency, as he carried, of a wide health condition. «
This is stated by Páll Ágúst Ólafsson, a lawyer, but he looks at the interests of a pilot who could endure the confidential physician of the Transport Agency to look up his health record without the authorization and illegally.
The pilot was deprived of a health certificate and does not get it renewed, which means that he cannot work as a pilot.
The Transport Agency issued a statement on news transfer of the case.
Recognize offenses
« The only thing that is right in the statement is that there are rich obligations in the Transport Agency in connection with the supervision of aviation and individuals who hold rights, » says Paul August.
He says, on the one hand, in two rulings of the Data Protection Authority and on the other hand by the Office of the Director of Health that the Transport Agency has violated in a very serious and devastating way against these rich obligations to his client, who is precisely a person who has been the holder of rights.
« This is a key issue, » says Paul August. « What the Transport Agency recognizes in its statement is that a serious offense has been involved in the agency for years. This statement confirms that the Transport Agency has violated the Air Travel Act and the Law on Medical Records for years. «
Paul August says the agency considers itself to be supposed to be supplemented by their iniquities but in fact, with reference to Article 82. of the Aviation Act, if the Agency should never be authorized to enter the health record.
« People's medical records have a variety of information that does not matter if an individual is qualified to receive a health certificate or not, » he says.
The Medical Director of Health reacted against the Confidential Physician
Paul August's client complained to both the Data Protection Authority and the Medical Director of Health, but the Medical Director of Health monitors the work of healthcare professionals and the Confidential Medicine is covered by the Transport Agency. The Office of the Medical Director of Health also monitors that the provisions of the Act on Health Records are respected. In his plea to his client to the Medical Director of Health, it was traced how information was handled from his health record.
The conclusion of the Medical Director of Health is that the office decided to follow up on the matter on the basis of statutory oversight and the Medical Director of Health established a special supervision case against the confidential physician for his views in the pilot's medical record.
« According to a letter from the Medical Director of Health to my client, it was the official's conclusion that the confidential physician had looked up in his medical record without authorization, which included violations of the provisions of the Medical Record Act. It also states that the Medical Director of Health has responded to the doctor appropriately.
This confirms that what the Transport Agency states in its declaration is that it is conduct that has been practiced for years and is undoubtedly a very convenient and suitable procedure for the organization is actually a grave violation of the law on health records. It is the crystal clear conclusion of the Medical Director of Health, ”says Paul August.
Numerous misrepresentations
The misrepresentations are numerous in a statement by the Transport Agency, according to Paul August.
« The health care, however, failed to obtain the legal approval of the Minister for the agreement. Following the Data Protection Authority's ruling of September 23, 2024, the agreement was canceled, ”says a statement by the Transport Agency.
« This is wrong, » says Paul August. It is not only necessary for the Minister's approval, but also the Privacy Policy and it has not been available. The Transport Agency is not able to state in its statement that not only the Ministry of Health had to approve the contract but also the Data Protection Authority.
Paul August then says that the Data Protection Authority concluded that the access of the Confederation of Transport was unlawful, MA on the grounds that there were far too extensive sources, in addition to the fact that, even if the pilot in question would authorize a confidential,
« It is weathered in the statement that it is only a simple formality to obtain these approval, which is not at all default that has been obtained, cf. ruling of the Data Protection Authority.
It is not formal to obtain the approval of the Minister and the Data Protection Authority. It's a key issue, ”says Paul August. « In order to ensure that the information provided in the health record and access to it is not granted to anyone. »
In fact, he says that the Data Protection Authority's rulings for the case from both 2024 and 2025 indicate that the agreement, as it is stated, had never been approved by these parties to the Transport Agency.
« According to an agreement with the Capital Region Healthcare, the Transport Agency's confidential physician had access to the health record for many years. He was used when a special assessment of applicants' health needs to be assessed, ”says a statement from the Transport Agency.
Paul August draws special attention to this wording.
« 82. Article The Act on Air Travel states that doctors who have an establishment in Iceland are obliged to forward those health records and health reports and other relevant information to the Transport Agency if requested for the benefit of a person's health certification or the supervision of the Transport Agency.
What does this say? Sure, this tells us that the Transport Agency can call for certain information, which is directly related to the Agency's assessment of the health certification of the party concerned.
It is directly clear to the words that the Transport Agency should not be authorized to look up what the institution suits, have access to all health records of the people of Iceland or all the health information for which the agency needs to issue a health certificate.
This is a key issue! The agency's statement includes direct recognition of a criminal offense that has been over for years. Not only towards my client but all those in need of a health certificate from the Transport Agency, ”says Paul August.
« Nobody is undergoing medical treatment at the Transport Agency »
He then deviates his case to the wording in the agreement between the health care and the Transport Agency, which he says in many ways wrong. For example, there is talk that the Transport Agency can look up in its clients' medical records.
« First of all, there is no health care professional at the Transport Agency. Secondly, the Transport Agency is not a health institution and thirdly not with clients for medical treatment.
No one is undergoing medical treatment at the Transport Agency, ”says Paul August.
He says it is unlikely that the Transport Agency actually says in its statement that the procedure of a public institution is in fact a chronic offense.
« There is no correlation between aviation safety and the fact that the Transport Agency has access to the health record, » the lawyer has.
He declares that the Transport Agency says access to the health record has been used when a special assessment of applicants' health has had to be assessed.
« The fact is that it is nowhere authorized by the law for a confidential physician to make some special assessment of the applicant's health for a permit for flight work with direct access to the medical record. »
Reiterate Paul August to Article 82 The Act on Aviation clearly stipulates how the confidential physician should provide on behalf of the Agency to provide the information he deems necessary.
He needs to call for them specifically from the competent sources that, as the case may be, have a pilot for medical treatment. Otherwise, the confidential physician should simply get the pilot to him and let him undergo a medical examination and thus determine whether he meets the conditions that pilots need to fulfill.
« The role of the doctor is to inform the Transport Agency about whether a particular pilot will pass a health examination or not without further explanation. There is no authority to shorten their way through the medical record. «
Misinterpreted information led to a deprivation
Paul August's client was deprived of his permission, according to the lawyer on the basis of information that was random information from his medical record and misinterpreted altogether.
« On that basis, he is so deprived of his health certificate, arguing that he is dealing with problems that have no pillar, neither in his health record nor reality,« Says Paul August.
He asserts that fiction has been completely unrelated to health failure that there is no leg and that the agency asserts that his client has been struggling with for years.
« The agency's assertion does not pass an opinion in light of the fact that my client's health certificate has always been renewed and even it has been renewed via email. »
Require the Transport Agency Corrections
Paul August says when asked shows understanding that A mistake is made but in light of the conclusion, both the Medical Director of Health and the Data Protection Authority, it is obvious that the Transport Agency is obliged to correct its mistakes and renew his client's health certificate, as there is no legitimate grounds for another.
« It is human to make mistakes, but we have to demand that in the case of institutions that the Transport Agency, which have public powers, to correct the mistakes.
Now that the Transport Agency is full -fledged about their offenses and confirmed by the Office of the Director of Health and Privacy, the Transport Agency should stop trying to justify their iniquities.
In my mind, the Transport Agency does not have any other choice but to put clothes on the weapons and correct the mistakes without delay, ”says Paul August.
