August 7, 2020

The judge cites three people as investigated for erasing iDental records | Society



The judge of the National Court José de la Mata has cited to declare as investigated on January 8 to three people responsible for OVS Hispano, the computer company that stored in its servers thousands of images and copies of the medical records of those affected by iDental. The order, issued on December 26, accuses them of a crime of disobedience after the magistrate has verified that the documentation has been unilaterally eliminated, despite the fact that he had ordered its safeguard. The company, a subsidiary of France's OVH SAS, maintains that the information is already "unrecoverable".

IDental clinics offered oral treatments low cost that attracted people with low economic resources. On June 14, the merchant closed the 25 centers, located in 11 autonomous communities, leaving thousands of patients with unfinished treatments and important sequels that many still drag. A month later Judge De la Mata, head of the Court of Instruction number 5 of the National Court, assumed to investigate the alleged fraud and the existence of a complex corporate structure. A former employee of the company, who prefers to remain anonymous, explains that each clinic had a server and that the data were also stored in two racks (shelves to house electronic equipment) at the headquarters of Rivas Vaciamadrid.

OVH SAS offered iDental a service to host the information on the network, instead of a physical location. "It was a rental, but that company had no connection with the clinics. I only hosted data, I did not manipulate them. If it was contracted with OVS, it was because it was the cheapest, "says this former employee. De la Mata was taking steps from August 1 to safeguard the servers and dump the information they contained. For this purpose, the court communicated with the legal representatives of the computer company. Its Spanish subsidiary, OVS Hispano, acted as an intermediary with the parent company in France.

Closing the server

After months of information exchange, and instructions issued by the court, on December 19 a representative of the computer company reported e-mail to the judge who had been eliminated the content of all the servers whose information was intended to be downloaded. The signatory of e-mail He added that there were no "real options" to recover the lost data.

The car indicates that the "official explanation" of the closure of these services is that since April "our system was being forced to keep available servers, covering the corresponding expense, manually requesting our billing system to extend the dates of their expiration. " According to the representatives of the company, it was an operation that had not been carried out "with the latest modifications". All this had generated "a debt on the customer account to which the services were associated, which caused that the closing of the same ones was made on day 14 due to breach of billing conditions".

The judge explains in his letter that the three investigated have been able to breach the legal obligations of collaborating with the judicial system, by disobeying the requirements and judicial instructions to keep the information lodged in the servers. The magistrate concludes that the matter is even more serious because it has been able to produce "serious damage to the interests of thousands of people", since the information contained in the servers included clinical histories and radiological images. "In these servers are also the economic data of iDental, so that you can trace all your economic movements," says a former clinic worker.

Guidelines for a homogeneous expertise

Andrés Domínguez has two consecutive Christmases without trying the nougat. This 64-year-old Malaga locksmith is One of the thousands affected by the alleged iDental fraud. He was left with the unfinished treatment and several implants with which he can barely chew. He has requested a quote from various dentists and the arrangement costs him 6,000 euros. He denounced the case in Consumption, but to do it by judicial means he needs an expert opinion. On December 18 Judge De la Mata met with those responsible for the 11 affected regions to mark homogeneous guidelines that those affected must follow to appeal. Even a written model was advanced.

Those affected by iDental will have two ways: the private one, which could suppose an economic outlay, and through public health, a slower but free option. In both cases, the health care provider that serves them must complete a series of common items that the forensic doctor must assess, who will decide if it is necessary to receive treatment. In that situation is Asunción Pico, an unemployed 46-year-old from Madrid who must undergo a gum operation these days to eliminate the infection that is generated under her prosthesis. The intervention costs 150 euros and Pico must assume it until the coroner does not indicate otherwise.

"The document is one more way of misleading on the subject," says Benito Lupiañez, coordinator of the Platform of Affected in Andalusia. In his opinion, Judge De la Mata's decision "is aimed at specific people, to whom they have already filed a complaint" and leaves many people out. He adds: "Now they tell us that what we did many is useless because it was a budget, not a report." Lupiañez argues that the main problem is that your medical records do not exist or are not complete. If it is, he admits, no expert evidence would be necessary.

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