Former health minister Adam Niedzielski sentenced for disclosing patient's data

The case was heard in the District Court for the capital city of Warsaw. On Friday, December 13, the court rendered its verdict.

The court sentenced the former minister to three months of imprisonment, suspended for two years, and ordered the verdict to be made public. He is also required to pay 5,000 zlotys in compensation and cover court costs. The verdict is not final.

The prosecution announced that it would not file an appeal against the verdict. "We believe this is a verdict that is appropriate to the degree of guilt, and the prosecution will not be pursuing an appeal in this case," said Piotr Antoni Skiba, spokesperson for the District Prosecutor's Office in Warsaw, at a press briefing.

Dr. Piotr Pisula, the doctor whose data were disclosed by the former Minister of Health, commented on the verdict. "It seems satisfying," he said.

"The verdict will be a signal for politicians and public officials about what they can expect if they attack a citizen and what consequences they may face. In this context, the fine of 30,000 zlotys seemed relatively small; imprisonment, although suspended, is more severe," said Pisula, emphasizing that the case was personal for both him and the accused.

He added that the verdict handed down by the district court gives him a sense of justice.

Pisula is considering whether to file an appeal against the verdict. He also mentioned that during the ongoing case, he did not hear any apologies from Adam Niedzielski.

"The Minister of Health had no right to disclose the information he obtained in connection with his office," Judge Michał Wnuk said in his oral justification of the verdict. "Contrary to the defendant's claims, the disclosure of personal health data of the victim was not necessary for fulfilling the obligations in the field of public health security," he added. The judge also recalled the defendant's defense, which stated that he had acted in the public interest, trying to counteract disinformation and panic among patients. "If the defendant knew that the facts presented were untrue, he had the right to present them, but in a manner that does not violate any private interests of the patients," said the judge. "It is incomprehensible to the court how the post revealing the health data of the victim would contribute to calming patients," he added.

The court concluded that the minister acted "intentionally" and was aware that by revealing the data, he was committing a crime. "The post was viewed nearly five million times, was widely commented on in the media, shared by other users, and sparked general public interest, ultimately leading to the dismissal of the Minister of Health," argued the judge.

"The post could also have undermined trust in the victim, which is essential in the medical profession. The defendant undermined trust in the entire medical information system," said the judge.

"A very high-ranking public official, a constitutional minister responsible for the functioning of the state in the area of health care, used his powers to launch a personal attack on a doctor with whom he had not always seen eye to eye," he emphasized.

The court noted that the defendant's behavior could have caused concern among citizens. "The defendant's actions undermined citizens' trust in the state. It could also have had a chilling effect on medical professionals, as it sent a clear signal that criticizing the ministry's actions is not advisable, as it might backfire on the individual," the judge concluded.

In the court's opinion, the post contained a clear message. "If a doctor criticizes the Minister of Health, the ministry or the minister can check the patient's medical history and then use it illegally, solely to achieve personal, political, or personal goals," said Judge Wnuk. "The imposed penalty is meant to send a signal to all public officials that the Polish state does not tolerate any abuse of power that leads to the violation of any protected private interests, even of a single citizen," he added.

After the indictment was filed, the prosecutor's office stated in a press release that the former minister "disclosed, through mass communication means, data obtained from the Medical Information System" concerning "the type of medications prescribed to a specific individual." As a result, "he acted to the detriment of the private interests of the victim."

"As the Warsaw District Prosecutor's Office, we filed an indictment with the District Court for the capital city of Warsaw against the former Minister of Health, accusing him of failing to fulfill his duties related to the disclosure, in August of the previous year, of particularly sensitive personal data, which he had obtained in connection with his official duties and which constituted official secrecy," said Piotr Skiba, spokesperson for the Warsaw District Prosecutor's Office.

Niedzielski faced up to three years in prison.

In August of last year, Niedzielski revealed that Dr. Piotr Pisula, who had spoken in a Fakty TVN report about the problems of patients who lost access to prescriptions, had prescribed certain medications for himself.

The minister publicly disclosed the doctor’s full name. This move was criticized by many representatives of the medical community, while Niedzielski argued that he acted "in defense of the good name of the Ministry of Health, but most importantly in defense of the interests of the patient."