Data protection in the healthcare system – Of special importance




Medical data is particularly subject to data protection because it is highly sensitive and personal. Therefore, it is generally not permitted to pass it on to third parties. The strict data protection in the healthcare system is due to medical confidentiality and special professional secrecy. According to paragraph 203 of the German "Strafgesetzbuch" (StGB), the unauthorized disclosure of data that is subject to professional secrecy can be punished with a fine or even imprisonment for up to one year. In addition to data protection in the healthcare system, confidentiality must be observed above all.

In the following blog post, we will tell you what needs to be considered when it comes to data protection in the healthcare system, what it is based on and what problems exist.

Data protection in the healthcare sytem - Exceptions


Employees and doctors may only pass on relevant health data if this is exceptionally permissible. This is the case if information has to be transmitted to the patient's health insurance company, the professional association, registry offices, the medical service or the data protection authority. The amount of data permitted here is subject to individual legal restrictions. The public prosecutor's office and the police are also considered exceptions in terms of data protection in the healthcare system.

Another exemption has become prominent, especially over the past two years. In the case of infectious diseases, reporting and passing on medical data is even mandatory. However, it should be noted that this is done anonymously. This also applies in particular to the transfer of health data for research purposes.

The patient's active consent creates another exception to data protection in the healthcare system. Within the framework of a declaration of consent, the treating doctor can be effectively released from his confidentiality. It is important here that the person concerned gains knowledge of the institutions to which this data is passed on. He must also be informed for what purpose the data is passed on.

It is therefore clear why any exceptions to data protection in the healthcare system are essential. The Covid pandemic could hardly have been contained without early detection and follow-up. Passing it on for research purposes is also elementary in order to improve medicine in the long term.


Medical confidentiality and its limitations


Data protection in the healthcare system and its special importance finally culminates in medical confidentiality. Medical confidentiality means that a patient can rely on the fact that the personal issues that he entrusts to his doctor will not be passed on to third parties. This applies beyond death and is therefore final. If the doctor breaks their confidentiality, there is a threat of professional ban. Problems arise if during treatment the doctor or therapist notices that the patient is planning a crime or could intentionally endanger the health of others. Here the legislator assumes a justifiable state of emergency according to § 34 StGB. The doctor would go unpunished here.


Problems with digitization


Data protection in the healthcare system continues to pose considerable problems for clinics. Reasons for this include a lack of awareness of the topic. Meanwhile, the digitalization that is so necessary is only progressing slowly. A recent study found that little was known about the extent of the digital potential and the associated risks for data protection in the healthcare system. 43% of those surveyed stated that they had already been the victim of a hacker attack. Another 31% could not be sure that they had never been hacked. Numbers like these are bad news for the local health system, as digitization in the medical sector should have been initiated long ago.

The digitization of medicine and medical technology design could adequately deal with many of the problems of our time. On the one hand, the scarcity of specialist physician resources could be compensated for by efficient AI systems taking over the diagnosis. Another advantage lies in the management of hospital beds, which can be improved with accurate data analysis. In medical practices, too, intelligent systems have long since been able to reliably calculate the probability of patients not showing up and thus create more consultation hours. The digitization of the medical sector is therefore essential, but difficult to implement due to problems with data protection in the healthcare system.

The solution to this problem is to increase staff and staff awareness of healthcare privacy hacking. Because the biggest gateway for hacker attacks is usually not an insufficiently protected system, but rather the people themselves.

held+team | Data protection in the healthcare system – Of special importance


No easy answers for data protection in the healthcare system


On the one hand, it becomes clear what enormous and justified importance data protection has in the healthcare system. At the same time, it blocks urgently needed digital progress, which can only be remedied through targeted training. There are therefore probably no black & white answers for data protection in the healthcare system and its implementation. However, this is also due to the complexity of the matter.

If you have any further questions about data protection in the healthcare system, please feel free to contact us at any time. We look forward to your inquiry.


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