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Declare release from medical confidentiality

All information that doctors receive in connection with treatment is subject to medical confidentiality.

This means that doctors may not disclose this information to third parties unless this is expressly permitted by law or you have released the doctor treating you from their duty of confidentiality.

Note: Medical confidentiality also applies to medical colleagues and relatives of the patient.

If the patient releases the treating doctor from the duty of confidentiality, the doctor is authorised, but not obliged, to disclose the information.

Responsible department

The doctor providing treatment

Details

Prerequisite

The release from medical confidentiality does not require legal capacity, but rather the patient's ability to give consent.

Note: If you do not release your doctor from the duty of confidentiality, he or she must inform you of the consequences.

Procedure

It is advisable to declare your release from the duty of confidentiality in writing. Please provide the following information:

  • Your name, address and date of birth
  • Name of the doctor
  • which documents the release is to apply to
  • the purpose for which you are authorising the release
  • to whom your doctor is authorised to pass on the documents
  • whether you authorise a one-off, time-limited, permanent or recurring transfer of data.

Although it is not legally mandatory to make a copy of the declaration of release for your own records, it is probably advisable to do so.

Hand the declaration to your doctor.

The declaration can be revoked with effect for the future.

Deadlines

none

Required documents

none

Costs

none

Miscellaneous

Medical confidentiality and the release from medical confidentiality are legally complex issues. Against this background, the above information cannot provide exhaustive information in this regard. In individual cases, it may be advisable to seek legal advice.

Legal basis

Strafgesetzbuch (StGB):

  • § 203 Verletzung von Privatgeheimnissen

Berufsordnung der Landesärztekammer Baden-Württemberg:

  • § 9 Schweigepflicht

Release note

machine generated, based on the German release by: Sozialministerium Baden-Württemberg, 19.03.2025