Am I allowed to disclose personal data without consent?
December 25, 2022 | 45,00 EUR | answered by Irmgard Helbig
Dear lawyer,
my name is Petra Meier and I work in a medical practice as a medical assistant. Lately, we have been receiving increased inquiries from external companies who are interested in our patient data. Some of these companies offer software solutions or services in the healthcare sector and argue that they need the data for their research or development.
However, I am unsure whether we are allowed to disclose these personal data without the explicit consent of the patients. I am concerned that we may be in violation of data protection laws and face legal consequences. We want to ensure that we appropriately protect the data of our patients and only disclose it in accordance with legal requirements.
Could you please explain to me whether it is permitted to disclose personal data to third parties without the consent of the individuals concerned? If not, what alternatives or solutions are available to us to still collaborate with external companies without violating data protection laws?
Thank you in advance for your support and advice.
Sincerely,
Petra Meier
Dear Mrs. Meier,
Thank you for your inquiry regarding data protection law in relation to the transfer of personal data in your medical practice. It is understandable that you are concerned about whether you could be violating legal provisions and what consequences this could have for your practice.
In general, the transfer of personal data to third parties without the explicit consent of the individuals concerned is only permitted under certain conditions. According to the General Data Protection Regulation (GDPR), as the responsible party, you must ensure that the transfer is lawful and that data protection principles are followed.
A possible legal basis for transferring data to third parties without the patients' consent could, for example, be the necessity to fulfill a contract. If collaboration with external companies is necessary to ensure the medical care of patients or to meet legal obligations, this could serve as justification.
Another option would be to obtain the patients' consent for the transfer of their data to external companies. However, this consent must be voluntary, informed, and explicit. You should ensure that patients are informed about the purpose of the data transfer, the recipients of the data, and their rights.
If none of these legal grounds apply and consent from the patients cannot be obtained, you should refrain from transferring the data to avoid a violation of data protection law. Alternatively, you could enter into agreements with external companies to ensure that the data is adequately protected and used only for the agreed purpose.
It is advisable to consult with a data protection expert or lawyer to discuss your specific situation and find tailor-made solutions that comply with legal provisions. Individual consultation can help you take the right steps and optimize your data protection concept.
I hope that my explanations are helpful and support you in your legal assessment. Please feel free to contact me if you have any further questions.
Best regards,
Irmgard Helbig
