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Can a doctor use my medical data for research purposes without obtaining my consent?

Dear Sir or Madam,

I am contacting you with a question regarding medical law. Recently, I found out that my treating physician is using my medical data for research purposes without obtaining my consent beforehand. I am concerned about the protection of my personal data and wonder if this is legally permissible.

For background information: I sought treatment for my health issues a few months ago. During the treatment, various examinations and tests were conducted, during which my medical data was collected. Now, I have learned that this data is being used for research purposes without my knowledge or consent.

I am worried about how my sensitive health data is being used and whether my privacy is being violated. I wonder if the physician has the right to use my data for research purposes without obtaining my explicit consent.

Could you please explain to me if this is legally permissible and what options I have to protect my data? Are there any laws or regulations that require the physician to obtain my consent before using my medical data for research purposes?

I would greatly appreciate your insight on this matter and am thankful for your assistance in clarifying this issue. Thank you in advance.

Sincerely,
Emma Karpinski

Laura Vollmann

Dear Mrs. Karpinski,

Thank you for your inquiry regarding medical law concerning the use of your medical data for research purposes by your treating physician. It is understandable that you are concerned about the protection of your personal data and wondering if this use is legally permissible.

In Germany, the use of medical data for research purposes is regulated by law. The Federal Data Protection Act (BDSG) and the General Data Protection Regulation (DSGVO) contain provisions for the protection of personal data, including medical data. According to these laws, data may only be processed for specific purposes and the consent of the individual concerned is generally required.

Therefore, when using medical data for research purposes, it is generally necessary for the physician to obtain your consent. This consent should be voluntary, informed, and explicit. This means that you must be informed about the purpose of data use, the type of data processed, the duration of storage, and potential risks before giving your consent.

If the physician uses your data for research purposes without your consent, this could constitute a violation of data protection. In this case, you can contact the data protection authority and file a complaint. Legal action against the physician could also be considered.

It is advisable to contact the physician and inquire why your data is being used without your consent and what measures are being taken to secure your data. You have the right to request information about the use of your data and, if necessary, request deletion or restriction of processing.

I recommend that you know and exercise your rights regarding data protection to protect your personal data. If you have any further questions or need assistance, please feel free to contact me.

Sincerely,

Laura Vollmann
Attorney specialized in medical law

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Laura Vollmann