Urheberrecht

Publication of Diagnoses vs. Data Protection

One must be able to handle criticism (properly) – otherwise, it can become expensive

Poor reviews/ratings/comments on the Internet are annoying. Nevertheless, one should carefully consider how to respond to them.

Austrian Data Protection Authority on "Vaginal Infection"

The following comment from a gynecologist on a review written under the real name of a patient is simply unacceptable – not only because sensitive health-related data was disclosed:

Hello K…!
I have diagnosed your vaginal infection and treated it appropriately right away. You were able to come the same day and did not have to pay anything. Unfortunately, this is not sufficient for you, and now you accuse me of lacking empathy… .

(translated from German)

Result: The Data Protection Authority has imposed a now legally binding fine due to unlawful processing of health data and violation of the principles of purpose limitation and data minimization, assuming a gross income of EUR 12,800:

EUR 10,000 & costs

Why was this fine necessary:

The imposition is necessary for general preventive purposes to raise awareness among responsible parties (e.g., other responsible parties in the healthcare sector) regarding such unlawful data processing.

Future publications of medical diagnoses by the accused do not currently seem unlikely.

And in particular:

The processing in question by the accused constitutes a serious infringement of the data protection rights of the affected individual. The affected individual could trust that their health data in the form of a medical diagnosis would not subsequently be published on the Internet by the accused. As a result, the nature and intensity of the infringement on the fundamental right is classified as high.

Federal Administrative Court on "Tendon Insertion Irritation"

A somewhat "cheaper" (EUR 3,000 & costs) was the fine imposed by the Federal Administrative Court for the following comment on a review:

Response from the Owner

…

Your other points of criticism are not understandable to me in this form. During your first visit to my private practice, you were examined by me, and I communicated my diagnosis (irritation of a tendon insertion) to you and also explained the corresponding therapy options (infiltration) with advantages and disadvantages. …

Therefore: However annoying the review may be – the disclosure of health-related data must be avoided.

 Please contact ZEMANN IP if your rights have been violated by a review or comment.

Here you can access the decisions (in German):

"Vaginal Infection"

"Irritation of a Tendon Insertion"