Hi Birger,

as a GP in Germany I know what you are talking about :)

> b) Implementing such a process was demanded by the state data protection
> commissioner. I'm not sure how realistic this would be, but such a network
> heavily relies on patients' trust. If there is doubt, you lose.

Assuming a patient intends to sue the network it would have
had the right to retain any patient data it needed for legal
proceedings, regardless of whether the patient requested
deletion. Say, to prove a given document arrived in the
repository at a given time or was passed on at another given
time or some such.

> If a patient
> withdraws, we don't have any purpose to keep this 'secondary use data' within
> the data warehouse/openEHR system.

Except for: see above.

> For operative systems, this is a whole different story. I recently was told
> that physically deleting records should not be possible when you want your
> software to be certified as a medical product according to German law.

I know :-)  and that is quite contrary to what the BDSG
demands, so German law contradicts German law.

However, the no-deletion policy is pretty much a scare
tactics (by over-interpretation) used by German EHR/document
archive vendors desiring to sell their "solutions" to German
doctors...

Karsten
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