Can a doctor disclose my health data without my consent?
June 15, 2022 | 50,00 EUR | answered by Thomas Eiserfelder
Dear Medical Law Attorney,
I am reaching out to you with an urgent question regarding my health data. My name is Felix Schönecker and I recently discovered that my treating physician has disclosed information about my health condition to third parties without obtaining my explicit consent.
For background information: I underwent a medical examination a few weeks ago, during which some health issues were identified. Subsequently, my doctor recommended a therapy and prescribed medication. Now, I have learned that my employer has been informed about my illness by my doctor, which is causing me great concern.
However, I have never given my consent for the disclosure of my health data and I am wondering if this is legally permissible. Can a doctor disclose my health data to third parties without my consent? What legal steps can I take in this case to protect my privacy and ensure that my sensitive information is not unlawfully disclosed?
I would greatly appreciate your assistance in this matter and any possible solutions you could provide. It is important to me to uphold my rights as a patient and ensure that my health data is treated confidentially.
Thank you in advance for your support.
Sincerely,
Felix Schönecker
Dear Mr. Schönecker,
Thank you for your inquiry regarding the protection of your health data. It is understandable that you are concerned to learn that your doctor has shared information about your health with third parties without obtaining your explicit consent. Indeed, health data are subject to particularly sensitive protection as they contain personal and confidential information about your health.
In Germany, the Federal Data Protection Act (BDSG) regulates the handling of personal data, including health data. According to § 9 BDSG, health data may only be processed if necessary for the exercise of the rights and obligations of the doctor in the context of medical care. Disclosure to third parties is only permissible if the patient has expressly consented or if there is a legal basis for it.
In your case, you stated that you have never given consent for the disclosure of your health data. This means that the disclosure of your data to your employer without your consent is not legally permissible. Your doctor should have obtained your explicit consent before disclosing your sensitive information.
To protect your privacy and ensure that your health data are treated confidentially, I recommend that you first engage in a conversation with your doctor. Ask him for the reason for the disclosure of your data and request an explanation. If the doctor cannot provide a satisfactory answer, you should consider taking legal action.
You have the right to lodge a complaint with the competent supervisory authority, the State Data Protection Commissioner. There, you can report the incident and request support in enforcing your data protection rights. Additionally, you may also consult a lawyer specializing in medical law to assert your claims and, if necessary, seek compensation.
I hope that this information is helpful to you and supports you in your concerns. If you have any further questions or require legal assistance, I am at your disposal.
Sincerely,
Thomas Eiserfelder, Lawyer specializing in Medical Law
