Can a doctor view my medical records without my consent?
July 30, 2024 | 50,00 EUR | answered by Laura Vollmann
Dear Medical Law Attorney,
I am reaching out to you with an important question regarding my medical data. My name is Ella Bergmann and I have recently discovered that a doctor accessed my medical records without my consent. This information has made me very uneasy and I am wondering if this is even legal.
For background information: I have received various medical treatments in different medical practices in the past. My personal data and medical information were stored in my medical records. Now I have found out that a doctor whom I did not consult accessed my medical records. I did not give consent for this data disclosure and I am questioning if the doctor is even authorized to do so.
My concern is that my sensitive health data could be disclosed without my knowledge and consent. I want to ensure that my privacy and personal data are protected and not easily accessible by any doctor.
Therefore, my question to you as an expert in medical law: Is a doctor allowed to access my medical records without my consent? If this is not legal, what legal steps can I take to protect my data privacy rights and ensure that my medical information is handled confidentially?
Thank you in advance for your support and advice on this matter.
Sincerely,
Ella Bergmann
Dear Ms. Bergmann,
Thank you for your inquiry regarding a doctor's access to your medical records without your consent. It is understandable that you are concerned about the protection of your sensitive health data and want to ensure that your privacy is respected. As a lawyer specializing in medical law, I can provide you with the following information on this matter.
In Germany, the Federal Data Protection Act (BDSG) regulates the handling of personal data, including your medical information. According to § 203 of the Criminal Code (StGB), the unauthorized disclosure of personal secrets, including health data, is punishable by law. The protection of medical confidentiality is therefore a fundamental principle of German law.
A doctor may only access your medical records if it is necessary for treatment or billing of medical services. Unauthorized access, as in your case, is not permissible. If you have not given consent for access to your medical records and the doctor has still accessed them, it constitutes a violation of data protection and medical confidentiality.
In such a case, you can take legal action to protect your data protection rights. I recommend that you first request the doctor in writing to provide you with information on why he accessed your medical records and what specific information he obtained from them. If the doctor does not provide a satisfactory explanation or continues to access your data without authorization, you can contact the relevant data protection authority and file a complaint.
Furthermore, you have the option to consult a lawyer specializing in medical law to represent your interests and potentially claim damages. A lawyer can help you enforce your rights and ensure that your medical information is treated confidentially.
I hope this information is helpful to you and I am available for further questions and support.
Sincerely,
Laura Vollmann
Lawyer specializing in medical law
