Which legal principles apply to the duty of medical confidentiality?
June 13, 2022 | 60,00 EUR | answered by Thomas Eiserfelder
Dear lawyer,
I am contacting you as I urgently need information on the legal basis of doctor-patient confidentiality. My name is Tobias Altmann and I have been receiving medical treatment for a chronic illness for some time now. Recently, however, I have noticed that my personal health data may have been disclosed to third parties without my consent.
This situation is causing me great concern, as I believe that my health data should be treated as strictly confidential. I would like to know which laws and regulations in Germany apply to doctor-patient confidentiality and how I as a patient can ensure that my data is protected.
Additionally, I would like to know what actions I can take if I find out that my confidentiality has been breached and my health data has been disclosed without authorization. I am aware that this is a sensitive issue and I want to ensure that my rights as a patient are respected.
I would be very grateful if you could provide me with this information so that I can be better informed in the future and better advocate for my rights regarding doctor-patient confidentiality.
Sincerely,
Tobias Altmann
Dear Mr. Altmann,
Thank you for your inquiry regarding medical confidentiality and your concern about the protection of your health data. Medical confidentiality is a central component of German medical law and serves to protect the privacy and personal rights of patients.
The legal basis for medical confidentiality in Germany is regulated in the Federal Data Protection Act (BDSG) and the Criminal Code (StGB). According to §203 StGB, doctors are bound by professional secrecy and may not disclose any information about a patient's health status without their consent. Furthermore, §9 BDSG governs the handling of personal data in the healthcare sector and stipulates that health data must be particularly protected.
If you find that your confidentiality has been violated and your health data has been disclosed without authorization, you can take various measures. First, you should contact the treating doctor or the relevant institution and request clarification. If you are not satisfied with the response or suspect that your data is still being unlawfully used, you can contact the regional medical association or the data protection authority. They can assist you and, if necessary, take legal action.
To best protect your data, I recommend that you familiarize yourself with the data protection policies of the institution before starting medical treatment and, if necessary, document in writing who has access to your health data and for what purposes they may be used. Additionally, you can request a consent form in which you must explicitly agree before your data can be disclosed.
I hope that this information has been helpful to you and I am available to assist you further if you have any questions.
Sincerely,
Thomas Eiserfelder
Attorney specializing in medical law
