AI translation of the German original. Legal references and sources remain those of the original document. German version.

¶ Access, Emergencies, Representation and Deletion

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¶ Recording Is Not the Same as Reading

The draft separates the obligation to record treatment-relevant information from the right to view it: healthcare professionals require explicit permission for regular access. A data subject can also prevent data from a specific treatment from entering the dossier. There is an exception to the regular access right for medical emergencies; this exception can be excluded. Art. 11, 13 and 14

¶ Making Rights Practically Usable

The National Council adds standardised permission profiles that can be adjusted, combined or revoked at any time. Controls and logs are intended to make misuse detectable. Editorial assessment: A permission that formally exists but can barely be operated in an understandable way serves its purpose only to a limited degree. Art. 11 para. 5bis/5ter Logging and informational self-determination

¶ Deletion Has a System Boundary

Upon dissolution, all data of the data subject in the E-GD information system are to be destroyed. This does not automatically delete the separately maintained medical record held by a practice or hospital. The FMH already explains for the current EPD that its documents do not replace the primary medical documentation. A finding that was legitimately transferred earlier therefore does not disappear simply by closing the dossier. Art. 24 para. 3 Difference between dossier and medical record

¶ Children and Representation

The draft contains special rules for minors and persons lacking capacity. From the age of 14, the exercise of rights by the individual is provided for; existing rights of representation are graduated by statute. The subsequent deliberations and the ordinances will remain decisive for the practical design. Art. 12

¶ Insurers and Research

The health insurer does not gain a general right to read simply by virtue of a dossier being opened. The demand by prio.swiss to involve medical trustees with consent is distinguished from the National Council decision on the Criticism and Interests page. Use for research also requires its own legal basis; the E-GD is not a blanket research release. FDPIC: Human research

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