Can a doctor disclose medical information to my employer?
May 29, 2024 | 50,00 EUR | answered by Thomas Eiserfelder
Dear Medical Law Attorney,
I am reaching out to you with a question that concerns me greatly. My name is Otto Volkmann and I work as an engineer in a medium-sized company. Recently, I was receiving treatment from my general practitioner due to health issues. During this treatment, medical information was entrusted to me that was not intended for my employer.
I have now learned that my employer has received medical information about me from my doctor. I am very concerned about the disclosure of my confidential health data to third parties, especially to my employer. I wonder if this is even permissible and what legal steps I can take against it.
I would like to know if a doctor can disclose medical information to my employer without my consent. Are there laws or regulations that protect my privacy and my health data? What options do I have to ensure that my health data is treated confidentially and not disclosed to unauthorized third parties?
I would be very grateful if you could assist me in this matter and provide me with possible solutions. Thank you in advance for your support.
Sincerely,
Otto Volkmann
Dear Mr. Volkmann,
Thank you for your inquiry and your trust in my expertise in the field of medical law. It is completely understandable that you are concerned about the disclosure of your confidential health data to your employer without your consent.
First and foremost, it is important to mention that doctors are obligated by medical confidentiality to keep all information entrusted to them confidential. This also applies to medical information they receive during treatment. Medical confidentiality is regulated in the Penal Code (StGB) in § 203 and serves to protect the privacy and confidentiality of patient data.
Disclosure of medical information to third parties, such as your employer, without your explicit consent is generally not permitted. Unless there is a legal basis that allows for disclosure, such as in the case of mandatory reporting of certain infectious diseases.
If your doctor has disclosed medical information to your employer without your consent, this could constitute a violation of medical confidentiality. In such a case, you have various legal options to address this unauthorized disclosure.
First, you could directly address the doctor and ask for clarification. If this does not lead to a satisfactory solution, you could contact the relevant regional medical association or a medical law attorney to initiate legal action. This could potentially lead to claims for damages or compensation.
It is important that you know your rights and actively advocate for the protection of your health data. If you have any further questions or need assistance, I am happy to help.
Best regards,
Thomas Eiserfelder
Medical Law Attorney
