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Germany: Bundestag adopts Patient Data Protection Act

The Federal Ministry of Health ('BMG') announced, on 3 July 2020, that the German Parliament ('Bundestag') has adopted the draft Patient Data Protection Act ('the Draft Act'), that had been adopted by the Federal Cabinet on 1 April 2020. In particular, the Draft Act aims to bring digital solutions to patients while respecting their personal data protection, and includes the right of patients to receive an electronic patient record ('ePA') and have their doctor fill it in. Moreover, the BMG highlighted that important medical documents, such as the vaccination card, the mother's passport, the yellow U-booklet for children, and the tooth bonus booklet can also be saved in the file, next to, among other things, medical reports and x-ray pictures. Furthermore, the Draft Act provides that everyone, including doctors, hospitals, or pharmacies, is responsible for protecting the patient data they process in the telematics infrastructure.

Finally, the BMG announced that the Draft Act will enter into force in autumn 2020 and does not require approval in the Federal Council.

You can read the press release here and the Draft Act here, both only available in German.