Digitization vs. Data Privacy: The Electronic Health Card

The introduction of the electronic health card took place a few years ago, but the project is still not complete – as its electronic functions raise significant data protection concerns. Storing sensitive health data on the eGK, as defined under Article 9 of the General Data Protection Regulation (GDPR), presents a challenge. We take a closer look at data protection in the medical sector and the significance of health data in the context of the GDPR.

Electronic Health Card: A Wealth of Sensitive Patient Data

The eGK was introduced to facilitate the exchange of information between doctors while simultaneously reducing costs for health insurance providers. The data stored on the card includes basic information such as name, address, and gender, but also highly sensitive health data, including health insurance details, electronic patient records, medical reports, diagnoses, treatment plans, and medication history.

This comprehensive collection of personal information raises the question of appropriate data protection in the medical field. This is especially true since it became known that new guidelines and laws for electronic workflows in administration, and particularly among doctors, are increasingly leading to problems. In extreme cases, digitalization even leads to the closure of practices.

Data Protection in the Healthcare Sector

In the healthcare and nursing industry, there is more to consider regarding data protection than in other sectors. This is primarily because work here involves sensitive data such as health information. We specialize in providing data protection consulting for this industry.

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Data Protection Measures on the Electronic Health Card

To ensure data protection in the medical field, the eGK is equipped with security measures such as photographs and the telematics infrastructure. The encrypted data is decrypted on-site using a card reader, which requires a PIN. These measures are intended to ensure that only authorized persons can access sensitive health data. However, the widespread availability of these security measures has not yet been achieved. The Federal Ministry of Health explains that the goal of all these measures is "to improve the quality of medical care and strengthen the role of patients." In addition, the eGK is intended to help "improve the efficiency, quality, and transparency of care."

Health Data and Data Protection under the GDPR

Under the GDPR, health data is considered particularly worthy of protection. The processing of such data stored on the eGK therefore requires special security precautions. Data protection advocates emphasize the importance of informational self-determination and question whether it is necessary for all doctors to have unrestricted access to all of a patient's health data. This discourse is reflected in the debate surrounding the "transparent patient" and raises questions about the use of data to monitor doctors and patients.

Outlook on the Future of Data Protection in Healthcare

Despite controversial opinions on the electronic health card, work continues on its nationwide implementation. Data protection in the medical sector and the security of health data will be decisive factors in this process. It remains to be seen whether the eGK represents an innovative modernization of the healthcare system, as proponents claim, or whether data protection concerns will continue to take center stage. Developments in this area will significantly influence the future of data protection in healthcare.