On Sat, Sep 01, 2018 at 08:29:33PM +0200, Diego Boscá wrote:

> There is in fact that right, the "right to be forgotten"
> https://gdpr-info.eu/art-17-gdpr/
> The requirement you say about Germany is backed by sections 3 (b) and (c)
> These exceptions do not apply to private providers, so we have the legal
> need to support that kind of delete operations to allow openEHR systems to
> be GDPR compliant

Whether we like it or not (I do not like it, personally, as a
patient, but do like it, professionally, as a GP): in Germany
there is the right to keep a record "as long as there is
suspicion you might be sued such that you can exercise your
right to defend yourself". 30 years is the latest you can be
sued in Germany. So that's when a hard delete can be
requested (arguably it even becomes mandatory). Period.

However, the provider is legally bound to make sure the
record is not used after the patient requests that (there's
other time limits for other things, but that's the most a
patient can *request* after those other deadlines have
passed and before 30 years are over).

It doesn't matter what anyone thinks. That is the legal
situation ATM.

Karsten
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