Doctors may also be intercepted

Anti-terror laws: Doctors may also be intercepted

According to new regulations for telephone monitoring, which came into force in 2007, doctors may also be intercepted. A doctor had complained about it. However, the Federal Constitutional Court dismissed these and other complaints from citizens and sided with the prosecutors. For the President of the Federal Medical Association, dr. Frank Ulrich Montgomery, this decision is incomprehensible: „We urge the politicians to stop the eavesdropping on us doctors. "

New regulations are constitutional
On Wednesday, a decision of the Federal Constitutional Court was published in which complaints about the new provisions of telephone monitoring were rejected. The Karlsruhe judges decided that for physicians a lower surveillance protection would be to be approved in comparison to for example lawyers.

Medical Association Chairman Montgomery sees the decision of the Federal Constitutional Court, however, critical. Obligation to secrecy, certificate refusal rights and interception prohibitions are indispensable conditions of the medical profession. Patient protection must be maintained.

At the end of 2007, 19 offenses justifying telephone monitoring were removed from the scheme and 30 new ones added. The newly added crimes include the acquisition, possession and distribution of child pornography. In addition, the protection of the private core area and the notification of data subjects were regulated by law.

The Federal Constitutional Court justifies its decision by stating that only very serious facts were included in the criminal data catalog. The privacy remains sufficiently protected in the opinion of the judges. Apart from that, very private conversations with pastors, defense attorneys, MPs and close relatives would not be monitored.

This does not apply to journalists, social pedagogues, psychologists and doctors. Courts can decide on a case-by-case basis whether surveillance is required and the information may be used. The Federal Constitutional Court stated that freedom of the media could not have priority over criminal prosecution.

Discussions with doctors are private, but may be intercepted in individual cases
Discussions between doctor and patient are private and subject to special protection. However, according to the Karlsruhe judges, they do not necessarily touch the innermost core of privacy. Very private conversations or conversation sections may not be used anyway or even deleted.

Law enforcement is essential for the rule of law and its citizens. In the opinion of the judges, it is important that discussions are not excluded in advance from the monitoring, because possibly private details could be discussed. Effective prosecution would then no longer be possible even for very serious crimes.

German Medical Association protests against verdict
The President of the German Medical Association criticizes: „It is incomprehensible to us that the judges of the Federal Constitutional Court attach more importance to the protection of confidence among prosecutors than the integrity of the patient-doctor relationship. We were therefore astonished to note that doctors have been downgraded to second-class professional secrecy.“ Montgomery sees the important relationship of trust between doctor and patient at risk and warns: „ Physicians and their patients continue to run the risk of being targeted by state eavesdropping.“ (Ag)

Picture: Sven L.