Can a doctor disclose my medical data without my consent?
May 23, 2022 | 55,00 EUR | answered by Laura Vollmann
Dear Sir or Madam,
My name is Sebastian Schmid and I have a question regarding data protection in medical law. Some time ago, I sought treatment from a doctor and my medical data was collected. Now I have learned that the doctor may have disclosed my data without my consent.
This concerns me greatly, as I had assumed that my medical information would be treated confidentially. I wonder if the doctor even had the right to disclose my data without informing me or obtaining my consent.
Therefore, my question is: Can a doctor disclose my medical data without my consent? If not, what legal steps can I take to protect my data and ensure that it is not unlawfully disclosed?
I request a detailed explanation of my rights as a patient in relation to data protection in medical law and possible actions I can take to protect my privacy.
Thank you in advance for your assistance.
Sincerely,
Sebastian Schmid
Dear Mr. Schmid,
Thank you for your inquiry regarding data protection in medical law. As a lawyer specializing in medical law, I would like to provide you with a detailed answer to your question.
In general, the protection of your medical data is legally regulated. According to the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), personal data, including medical information, may only be collected, processed, and used if there is a legal basis for doing so. Such a legal basis may, for example, be your consent.
In your case, where you state that you have not given consent for the disclosure of your medical data, the doctor may not disclose your data in principle. This is especially true when it comes to sensitive health data, which enjoy a special protection status under the GDPR.
If there has indeed been an unauthorized disclosure of your data by the doctor, you have various legal remedies available to protect your rights as a patient. First, you should ask the doctor to provide you with information on to whom and for what purpose your data has been disclosed. Additionally, you can request the deletion of your data and, if necessary, make claims for damages.
Furthermore, you have the right to file a complaint with the relevant data protection authority if you believe that your data protection rights have been violated. The data protection authority can then take appropriate measures to ensure the protection of your data.
It is important that you are aware of your rights as a patient and actively advocate for the confidential treatment of your medical information. If you have any further questions or need assistance, I am available to help.
I hope this information is helpful to you and I am available for any further inquiries.
Sincerely,
Laura Vollmann
Lawyer specializing in medical law.
