The Federal Data Protection Commissioner, Ulrich Kleber, who is in charge of supervising all health insurance companies, plans to issue warnings and instructions to 65 health insurance companies to inform and warn 44.5 million insured persons about data protection guidelines. The background to the „warning texts“ to insured persons is that the Patient Data Protection Act (PDSG), which has just come into force, leaves the voluntary use of individual data to insured persons. This means that the patient alone decides on the storage of his or her personal data in the electronic patient file (ePA), but also on access and who may view the stored data. This brings data protectionists on board because after voluntary use from 2021, the refined version will be introduced the following year, with the patient deciding who can view what and when for each document. Access to the ePA is currently the subject of heated debate among data protectionists. However, next year another achievement in the telematics infrastructure will be put to the test: the e-prescription and its launch from 2021, which will then be mandatory for prescription drugs in the TI from 2022, when patients will have a smartphone with which they can download the app to redeem at the pharmacy. In the future, referrals to a specialist will be transmitted in a similar way. However, the PDSG stipulates very clearly that the patient is responsible for his or her own health data. Only he or she decides which data may be stored, deleted and passed on. The use of the ePA is based on a voluntary basis, emphasize data protectionists. In addition, the donation of data for research purposes is also voluntary from 2023. All actors in the health care system are responsible for ensuring that data in the TI must be protected, at least that is what the legislator wants.
