Information sheet for patients on data protection

Dear Patient,

According to the General Data Protection Regulation (DSGVO), we have been obliged since 25.05.2018 to provide you with certain information when collecting your personal data. We are happy to comply with this obligation by presenting this information sheet.

Names and contact details of the responsible person:

Dr. med. Andreas Grust
Marienstr. 10
40212 Dusseldorf
Tel. +49 211 – 542280 – 00
Fax: +49 211 – 542280 – 99

Contact details of the data protection officer:

Ralf Cillien
Marienstr. 10
40212 Dusseldorf
Tel. +49 211 – 542280 – 00
Fax: +49 211 – 542280 – 99

Purposes and legal basis of data processing:
The basis of treatment is the treatment contract, which can also be concluded informally. We can only properly fulfill this treatment contract if we process your data, for example, record your insurance data. The purpose of the data processing is therefore primarily in the implementation of the treatment contract. In addition, there is a legal obligation to process your data. Physicians, psychotherapists and dentists must, according to § 630f of the Civil Code (BGB) for the purpose of documentation in immediate temporal connection with the treatment of a patient file in paper form or electronically. There, all measures essential to the current and future treatment of patients and their results are to be recorded. The purpose of data processing is therefore also to fulfill this obligation.
In the majority of cases, the data processed by us will be health data. The legal basis for the processing of health data is Article 9 (2) (h) in conjunction with Paragraph 3 of the General Data Protection Regulation and Section 22 of the Federal Data Protection Act (BDSG). Health data is processed exclusively or under the responsibility of persons who are subject to a criminally confidential secrecy.

The patient data are also processed for the purpose of the legally regulated transfer to defined recipients (for example to the transferring family doctor, to associations of statutory health insurance physicians, to the medical service of the health insurance). We also receive from third parties, for example, from your health insurance or other practitioners due to statutory regulations or your consent information that we save for the implementation of the treatment contract and to fulfill our statutory documentation obligation (§ 630f BGB, see above) in the treatment documentation. Again, the legal basis for this is Article 9 (2) (h) in conjunction with Paragraph 3 DSGVO, § 22 BDSG.

In cases where data processing is not required to perform the treatment contract or is not based on legal obligation, data processing will usually be based on your consent. The legal basis in these cases is Article 9 (2) (a) GDPR.

Recipient of personal data:
Due to legal regulations, it is possible for us to pass on data to the following recipients:
• Kassenärztliche Vereinigung Nordrhein
• Medigration GmbH
• Doctolib GmbH
• Lawyer Thomas Spinnler

In addition, we may pass on data with the consent of those affected. Upon giving your consent, we will inform you of the particular recipients.

Duration or criteria for determining the duration of data storage:
Personal data of patients must always be kept in accordance with § 630f (3) BGB (German Civil Code) as well as the regulations of the relevant professional code for a period of ten years after completion of the treatment. The records of X-ray treatments pursuant to § 28 (3) sentence 1 X-ray Ordinance must be kept for 30 years after the last treatment. In special cases, a longer retention period than stipulated by law, for example, in the enforcement of claims for damages, insurance and pension of the patient, as far as we have knowledge thereof. Likewise, the patient’s state of health may also require over-retention. Since civil claims for damages of the patient against his doctor according to § 199 paragraph 2 BGB are barred after 30 years, we reserve the right to keep the patient file for a period of 30 years.

Rights of the persons concerned:
Under the provisions of the General Data Protection Regulation, you have various rights in connection with the processing of your personal data. These include the right of access, rectification, cancellation, limitation of processing, opposition to processing and the right to data portability. As far as the data processing is based on your consent, you can revoke this consent at any time with effect for the future.

You may lodge a complaint with the competent regulatory authority regarding the processing of data. Supervisory Authority is the State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia, Kavalleriestr. 2-4, 40213 Dusseldorf.

Obligation to provide personal data and consequences of non-provision:
In the execution of the treatment contract or a medical consultation, data processing is mandatory, so that a non-provision of data usually leads to the fact that no treatment / consultation can be made.