Duty of confidentiality
Medical confidentiality
According to Section 203 (1) of the German Criminal Code (StGB), anyone who discloses a secret entrusted to them as a doctor without authorisation is liable to prosecution. In order to be able to effectively utilise the knowledge gained during preventive medical check-ups, it must be put into practice and evaluated. This may give rise to conflicts with professional secrecy. Medical confidentiality applies to the company doctor as it does to any other doctor (Section 8 (1) ASiG). Authorisation to disclose information may be based on a statutory duty of disclosure or on the consent of the person concerned within the framework of Section 203 of the German Criminal Code (StGB).
Recruitment examination certificate
The results of the examination are limited to the mere determination of whether or not there are health concerns about employment at a particular workplace, as well as any additional conditions, requirements or recommendations. The duty of confidentiality is not breached if the employer is only informed of these facts that are essential for the personnel decision.
Occupational health certificate
The precautionary certificate is the written notification to the employer and the employee that the doctor within the meaning of Section 7 ArbMedVV must issue after an occupational medical check-up in accordance with Section 6(3)(3) ArbMedVV.
The medical check-up certificate must contain the following information:
- Employee master data (surname, first name; date of birth; private address of the employee(s); employer's address)
- Date of precaution
- Reason for the occupational medical check-up according to ArbMedVV
- Date of the next occupational health check-up
Under no circumstances will the findings be passed on. They are subject to confidentiality.
Source: Berufsgenossenschaftliche Grundsätze für arbeitsmedizinische Vorsorgeuntersuchungen, Gentner Verlag; 3rd edition 2004