Ophthalmologist Complained – Supreme Court Ruled: Health Portal May Name Doctors

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The Chamber of Physicians failed with a complaint to the Supreme Court. The health portal does not violate the fundamental right to data protection and the assessments should be seen as freedom of expression.

Word of mouth is one thing, internet recommendations are another – when it comes to something as sensitive as medical care. For over 10 years, “DocFinder” has provided a platform for and about doctors who are also “rated” by patients with stars. That did not go down well with an ophthalmologist who complained along with the medical association – even though the doctor had excellent ratings! She demanded that not only her entries in the doctor’s search engine be removed, but also those of anyone who had not explicitly consented to its use.

Does not violate the fundamental right to data protection
But the Supreme Court ruled in the last instance: The collection and processing of public data – such as opening times of consultation rooms and health insurers offered – does not violate the fundamental right to data protection. And the expressions of subjective opinions after patients have visited the practice on the portal are also allowed, because in the sense of freedom of expression. In general, the interests of the patient prevail.

In another case, a pediatrician had her name protected as a trademark and sees the naming on the health portal as trademark infringement. Here the Higher Regional Court ruled against them, but not yet legally binding.

Source: Krone

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