Can a doctor share my medical data with third parties?
January 17, 2023 | 50,00 EUR | answered by Laura Vollmann
Dear Mr. Attorney,
my name is Lina Melzer and I have a question regarding medical law. I recently found out that my doctor has disclosed my medical data to third parties without obtaining my consent. I am concerned about the disclosure of my sensitive information and wonder if this is even legal.
The situation is as follows: During a visit to the doctor's office, I disclosed my medical history and described my current symptoms. I did not give my doctor any authorization to disclose my data to other individuals or institutions. However, I have now learned that my data may have been disclosed to third parties without my knowledge.
I am worried about my privacy and the protection of my personal data. I wonder if the doctor has the right to disclose my medical information without my consent and what legal steps I can take to protect my privacy.
Can you please explain to me what rights and obligations a doctor has when it comes to disclosing medical data? Are there legal regulations that protect my data privacy in such cases? And what options do I have to take action against the unauthorized disclosure of my data?
I thank you in advance for your help and look forward to your legal assessment on this topic.
Sincerely,
Lina Melzer
Dear Mrs. Melzer,
Thank you for your question regarding medical law concerning the disclosure of your medical data without your consent. It is understandable that you are concerned about the violation of your privacy and I would like to provide you with a detailed response.
Firstly, it is important to emphasize that the disclosure of medical data without your consent is generally not legal. In Germany, doctor-patient confidentiality is highly protected and subject to strict legal regulations. Doctors have a duty to keep personal and health information of their patients confidential, unless the patient has explicitly consented.
The right to informational self-determination means that as a patient, you have the right to decide who has access to your medical data. If your doctor has disclosed information to third parties without your consent, this constitutes a violation of this right.
The legal foundations protecting your data privacy in such cases are primarily regulated in the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR). These laws stipulate that personal data may only be processed and disclosed with the consent of the individual concerned. Violations of these regulations can result in significant fines.
In your case, you could take legal action against the unauthorized disclosure of your data. Initially, you could address the matter directly with the doctor and request clarification. If the doctor is not willing to provide information or take your concerns seriously, you could contact the relevant data protection authority and file a complaint. You may also consider initiating legal proceedings to claim damages.
In any case, I recommend seeking advice from a specialized lawyer in medical law who can assist you specifically with your case. Your rights as a patient are important and it is crucial to protect them.
I hope this information is helpful to you and I am available for further questions.
Sincerely,
Laura Vollmann, Attorney specializing in Medical Law
