The German Medical Association (BÄK) criticises the draft bill on the Patient Data Protection Act (PDSG) in some points, according to a statement by the umbrella organisation of medical self-government. „The law for the protection of electronic patient data in the telematics infrastructure“ must, therefore, as the medical profession demands, have a concrete benefit and not just be an end in itself. Acceptance must also be given by doctors and patients alike so that digital applications have a medical benefit. Incentives for the initial creation of medical applications, which include the creation of emergency data and the electronic patient file (ePA), are right and important, but doctors criticise points in the law on digital healthcare that they consider excessive. For example, doctors are threatened with sanctions and penalties if they do not have the necessary software and hardware in the digitalisation process ready in time. However, according to the medical profession’s argument, this cannot always be complied with, as the availability and delivery time of the digital components and elements cannot always be met. In addition, contract physicians are suing for general obligations to provide information and advice on the ePA that go beyond the current treatment of a patient, because they believe that an obligation to provide advice need not exist with regard to the general objectives of care and the functioning of the ePA. The BÄK has no objection to the advice in specific treatment cases, however. The medical profession also supports the right to use data for research purposes, although the observance of data protection guidelines must have top priority.
