Electronic health card compliant with image

BSG: Electronic Health Card does not violate privacy

21/11/2014

The electronic health card with photo and data chip is legal under data protection law. This was decided by the Federal Social Court (BSG) in Kassel (file reference: B 1 KR 35/13 R). The card violates neither the right to informational self-determination nor data protection. From 2015, the electronic health card will be the only proof of health insurance.

Fundamental right to informational self-determination in the case of an electronic health card „not unlimited“
In addition to a photo of the insured, the electronic health card also contains a chip, on which, however, only the master data, which are printed on the old insurance card, is stored. These include name, address, date of birth and gender. In the future, these data will be compared in the doctors' practices via the Internet. For relocation, name changes or other deviations, the data should be updated directly.

In addition to these master data, additional information such as blood type, indications of allergies and other medical information can be stored on the electronic health card with the consent of the patient. Critics and privacy advocates, however, complain that the sensitive data is not sufficiently protected.

BSG confirms data security of the electronic health card
On Tuesday, the BSG had to deal with the question of whether the electronic health card violates data protection. According to judgment of the Kassel judge in this case the interference in the data protection „justified by overriding public interest“, as „Mesh Web - Press service for political, economic and sports news“ reported. The fundamental right to informational self-determination also applies „not unlimited“. The photo was „appropriate and necessary to counter abusive uses“. Regarding the planned reconciliation of the master data, the judges even saw an advantage for all concerned, as it detected invalid cards, prevented misuse and saved costs.

In addition, the BSG assessed the planned storage of additional medical information as constitutionally compliant, as it is only voluntary with the explicit consent of the patient. The judges also found no problems with data security. The data comparison via the Internet is currently still in the test phase. (Ag)