Health insurance photo Insured may not save them permanently

ESR calls for deletion after the production of the health card

After the production of an “electronic Gesundheitskarte“ need to delete the health insurance companies the photo. The previously customary permanent storage is in breach of, in any case, without the consent of the Insured, violate the privacy rights, ruled on Tuesday, 18. December 2018, the Federal social court (BSG) in Kassel (Az.: B 1 KR 31/17).

The electronic health cards have been issued since 2013, the health insurance companies. Their use is since the beginning of 2014 duty for 2015, the provider shall not recognise any other evidence. The cards have a photo of the Insured and a memory chip. On this just the same “Stammdaten&#8220 so far; saved that used to be printed on the card, including Name, date of birth, address and gender. In the future, further data is to be stored, such as blood group, allergies and other important diseases.

The photos are intended in particular to prevent abuse. The health insurance store, it has been routine until the end of the insurance relationship, and also use it for later, or for replacement cards.

A member of the techniker Krankenkasse saw this was the right to informational self-determination violated. In his complaint, he demanded the deletion of the photos after you making the map.

The technicians health insurance company said that the photos would be stored securely, and privacy is guaranteed. By deleting the unnecessary costs would be incurred. Already, every day would be sent about 10,000 photos to the cash register. Including Ulkbilder, for example, with a Teddy bear or a penguin. The photos should therefore be examined always, and not technically processed.

In contrast to the lower courts, the spas appreciated the privacy, however, higher. In any case, without the consent of the Insured, the data protection permitted regulations, the processing and storage of personal data and, thus, also the photos for the specific purpose, i.e. the production of the health card. After that, the insurance companies would have to delete the photo.

The Insured must provide the insurance companies but, in principle, with a photo available, the BSG is already on 18. November 2014 to be decided (Az.: B 1 KR 35/13 R; JurAgentur message of judgment day). The photo was “appropriate and necessary, to abuses to begegnen“. mwo/fle