Bez­Ger ZH: Per­mis­si­ble invol­vement of typ­ing offices by phy­si­ci­ans (Tages-Anzei­ger)

From the Tages-Anzei­ger from 11.1.2016:

In mid-Novem­ber, a psych­ia­trist had to stand tri­al befo­re the Zurich District Court on char­ges of vio­la­ting pro­fes­sio­nal sec­re­cy. He was accu­sed of not having writ­ten a sen­si­ti­ve, com­pre­hen­si­ve report on a pati­ent hims­elf, but of having com­mis­sio­ned an exter­nal typ­ing office to do so. Spe­ci­fi­cal­ly, the doc­tor had dic­ta­ted his fin­dings on tape and trans­mit­ted the mate­ri­al to the office, which tran­scri­bed the dic­ta­ti­on. Howe­ver, the doc­tor fai­led to obtain the patient’s con­sent for the trans­mis­si­on of the medi­cal report, alt­hough he would have been legal­ly obli­ged to do so, accor­ding to the indictment.

The court, howe­ver, saw it dif­fer­ent­ly. The typ­ing office is a so-cal­led auxi­lia­ry of the phy­si­ci­an. They are sub­ject to the same duty of con­fi­den­tia­li­ty as the employees of medi­cal prac­ti­ces and hos­pi­tals. The­r­e­fo­re, the psych­ia­trist had not vio­la­ted his duty of con­fi­den­tia­li­ty by using the exter­nal ser­vice offer..

But as is always the case when high­ly sen­si­ti­ve data, which inclu­des in par­ti­cu­lar tho­se rela­ting to per­so­nal health, are pro­ce­s­sed by out­si­ders, the que­sti­on of data pro­tec­tion ari­ses. Accor­ding to Fran­cis Mei­er, spo­kes­man for the Fede­ral Data Pro­tec­tion Com­mis­sio­ner, it is in prin­ci­ple per­mis­si­ble to use the ser­vices of exter­nal typ­ing offices, but doc­tors them­sel­ves are respon­si­ble for main­tai­ning pro­fes­sio­nal sec­re­cy. They would have to ensu­re that the tran­scrip­ti­on office only pro­ce­s­sed the data in the way they were allo­wed to do so them­sel­ves. Doc­tors would also have to make sure that the data was trans­mit­ted in encrypt­ed form and that no unaut­ho­ri­zed per­sons could access it. Howe­ver, pati­ent con­sent is not requi­red, when a phy­si­ci­an dele­ga­tes the pro­ce­s­sing of pati­ent data to exter­nal auxiliaries.

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