Personal Data Protection - new law that came into force on 01.09.2023

Data processing for which your consent is needed

Your consent applies both to the practice and to its physicians, therapists and medical personnel (as the persons responsible) and also to the aforesaid recipients. It likewise constitutes a specific release from professional secrecy within the meaning of Art. 321 StGB (Criminal Code) in so far as that is necessary for the purpose of the activity. Your consent applies to all uses of personal data, irrespective of the means and processes employed, in particular to the procurement, storage, retention, use, modification, disclo- sure, archiving, erasure or destruction of data.

Responsibilities

The practice is the entity responsible for processing your personal data and in particular your health data. If you have any questions about data protection or if you wish to exercise your data protec- tion rights, please contact the practice personnel or your physi- cian or therapist directly.

Collection and purpose of data processing

Processing (collection, storage, use and retention) of your data is effected on the basis of the treatment contract and of statutory requirements for the attainment of the purpose of the treatment, together with the related obligations. Data is collected in the first instance by the physician responsible for your treatment. We also receive data from other physicians and healthcare personnel who were previously or still are treating you, if you have given your con- sent for that to be done. Only data connected with your medical treatment is processed in your medical record. The medical re- cord includes personal information provided on the patient form, such as personal particulars, contact data and insurance details, together e.g. with healthcare data collected during the discus- sion which is held to decide on treatment, such as the case his- tory, diagnoses, proposed therapies and findings.

Data transfer for which consent must be obtained

In general, data processing is effected on the basis of the legal reason for documentation of the medical record and of the reten- tion obligation and also for billing purposes, including debt col- lection. We only send your personal data and in particular your medical data to external third parties if that is permitted or required by law or if you have consented to the disclosure of the data on the occasion of your treatment.

• Transfer to your health insurer or to the accident and disability insurance scheme is effected for the purpose of billing the ser- vices provided for you. The type of data that is so transferred is determined by the legal requirements.

• Disclosuretocantonalandnationalauthorities(suchasthecan- tonal medical service, the department of health etc.) is based on the legal notification requirements.

• Disclosure of the necessary patient and billing data to the debt collection office is effected in order to collect debts (outstand- ing monetary claims).

Retention period

In principle, your medical record is kept for 20 years after your last treatment. Unless otherwise agreed, it will then be destroyed. In individual cases, depending on your treatment and with your relevant consent, data may be transferred to other entitled recipi- ents (e.g. laboratories, other physicians or therapists).

Withdrawal of your consent

Physicians and therapists are required by law to retain your data and your medical record. Potential withdrawal of your consent to data processing is incompatible with this legal obligation. This provision likewise applies to the data processors referred to above as recipients. This means that the processing of personal data on the occasion of medical treatment and therapy is also required by law (MedBG [Medical Profession Act], KVG [Health Insurance Act] and cantonal healthcare legislation); in that case the personsresponsible with the recipients as affiliated assistants are also required by law to observe secrecy (Art. 62 DSG [Data Protection Act] and Art. 321 StGB [Criminal Code]). Art. 31 letter e DSG ap- plies without limitation to the disclosure of anonymised data. If you nevertheless wish to withdraw in whole or in part consent that has already been given, you must do so in writing. If data processing cannot be founded on any legal basis other than consent, pro- cessing would cease. Data processing effected until the time of withdrawal of consent remains unaffected by such withdrawal.

Information, consultation and release

You are entitled to obtain information about your personal data. You may consult your medical record or ask to receive a copy. A charge may be made for release of the copy. You will be informed in advance of any costs which will depend on the expenditure in- curred to make the copy.

Right to data transfer

You are entitled to ask for data that we process by automatic or digital means to be released to you or to a third party in a current, machine-readable format. That applies in particular also to the release of medical data to a health care professional designated by you. If you ask for the direct transfer of the data to another re- sponsible person that will be done only if it is technically feasible.

Rectification of your details

If you find or are of the opinion that your data is either incorrect or incomplete, you have the possibility of asking for rectification. If neither the accuracy nor the incomplete nature of your data can be established, you have the possibility of stating an objection.