The first copy of the patient’s medical record must be free of charge

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Written By Kampretz Bianca

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Berlin – Patients should receive the first copy of their patient file free of charge. The Federal Ministry of Justice (BMJ) introduced today as part of a bill.

Paragraph 630g of the German Civil Code (BGB) currently stipulates that patients must bear the costs of creating a copy of their patient file. However, the regulation is in tension with the European General Data Protection Regulation (GDPR). This grants the right to receive a free first copy of the stored personal data.

In October 2023, the European Court of Justice (ECJ) ruled that member states cannot foresee any deviations in national legislation with regard to supporting the costs of the first copy. In this regard, the patient has the right to receive a complete and free copy of the documents from his patient file, if this is necessary to understand the personal data contained in these documents.

According to the BMJ, the new regulation aims to align Section 630g of the German Civil Code with European law. Furthermore, the new draft law states that heirs should also be entitled to payment of monetary compensation if the testator’s general personal rights have been violated. © nfs/aerzteblatt.de

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