LSG Stuttgart: But also no "living on in an analog world"
The introduction of the electronic health card is basically legal. However, data protection must not be undermined by storing various additional information on the "insured person status", the Baden-Württemberg State Social Court (LSG) in Stuttgart ruled in a judgment published on Wednesday, July 20, 2016 (file number: L 11 KR 2510/15 ).
The electronic health cards have been issued by health insurance companies since 2013. Since 2015, the service providers are no longer allowed to recognize any other evidence. Accordingly, the LSG Stuttgart emphasized that insured persons must present the card to their doctor in order to benefit from treatment at the expense of statutory health insurance.
Already on November 18, 2014, the Federal Social Court in Kassel had ruled that the health card with photo and data chip did not violate the right to informational self-determination; the interference with data protection was “justified by overriding general interests” (file number: B 1 KR 35/13 R; JurAgentur report from the day of the judgment).
The LSG Stuttgart now joined this. The fundamental right to informational self-determination grants “no right to prevent digitization and to continue living in an analogue world”. The storage of numerous sensitive data is voluntary anyway.
"Insured status" is one of the stored mandatory data. This is usually understood to mean whether the insured person is a member of the statutory health insurance as a member, family member or pensioner.
However, the health insurance companies had agreed with the National Association of Statutory Health Insurance Physicians that additional "status-enhancing characteristics" should be saved without the consent of the insured. This includes participating in special care programs, for example with certain specialists or with regard to chronic diseases such as diabetes.
LSG Stuttgart is convinced that this is not covered by the legal requirements. The term insurance status ’should not be“ filled out arbitrarily and expanded in terms of data ”, it says in the judgment of June 21, 2016, which has now been published in writing. Mwo / fle