The Independent Centre for Data Protection in Schleswig-Holstein (ULD) has issued an injunction prohibiting the Schleswig-Holstein Association of General Practitioners (Hausärzteverband Schleswig-Holstein e. V.) from making any data collection. (HÄV SH), under threat of a penalty payment of 30,000 euros, to pass on patient data originating from registered GPs or to use this data itself in accordance with the contract concluded between the AOK Schleswig-Holstein, the HÄV SH and service providers. The immediate enforcement of this order was ordered. The GP contract between AOK and HÄV SH had come into being through an arbitration ruling.
This means that the GPs who are members of the HÄV SH are not entitled to transmit billing data electronically as provided for in the contract. The reason for this order is that the GPs would in fact no longer have sufficient possibility to control the transfer of patient data through their practice system. The contract stipulates that the doctors must use HÄV SH as a commissioned data processor if they want to make use of the GP billing system, which is favourable for them. In fact, however, they are neither legally nor factually in a position to exercise control over their patient data as clients.
The latter are not involved at all in the framework agreement that defines the relationship between the HÄV SH, service providers and the individual doctors. In it, the latter are forced to install software on their practice systems according to the specifications of the GP association, thus turning the contractual relationship upside down. They are even contractually forbidden to take note of essential elements of the software, so that they would in fact no longer have complete control over the data on their system. This would not only violate their data protection obligations, but also their medical confidentiality obligation. A contractual relationship is also legally ruled out by the fact that the GP association, which should process the data exclusively in the interest of and according to the instructions of the individual doctors, has its own interest in this data.
The ULD regrets having to resort to this formal legal remedy. The ULD has made it clear to all parties involved, especially the representatives of the GP association and the mediator responsible for the content of the contract, several times well in advance that the planned procedure for billing the GP contracts is illegal. However, this was not taken into account in the drafting of the contract. The ULD emphasises in its order that data protection-compliant billing is possible within the framework of GP-centred care, but that these methods were not chosen.
If you have any questions, please contact:
Independent State Center for Data Protection Schleswig-Holstein
Holstenstr. 98, 24103 Kiel
Tel: 0431 988-1200, Fax: -1223
Source: ULD press release
Goldberg Attorneys at Law
Attorney at Law Michael Ullrich, LL.M. (Information Law)
Specialist attorney for information technology law (IT law)
E-mail: info@goldberg.de
