Entbindung von der berufsrechtlichen Verschwiegenheitspflicht zugunsten Angehöriger.

The article "Exemption from professional confidentiality in favor of relatives" in the Journal of Medical and Health Law addresses the problem that doctors and other healthcare professionals often violate their duty of confidentiality when disclosing information to relatives, risking legal consequences. One solution could be a prior declaration of exemption by the patients. It is pointed out that the duty of confidentiality continues to exist even after the patient's death and that relatives have no right to information about the patient's health condition without the patient's consent. Various relevant laws and norms are mentioned. The article discusses the question of exemption from professional confidentiality in favor of relatives. It is stated that the presumed will of the patient should only be considered as a last resort and that there is no legal presumption that non-communicative patients desire the disclosure of information. It is emphasized that in emergencies, information regarding the treatment of the patient can be disclosed and that the patient's interest in information should take precedence over data protection. However, the justification for disclosing information to relatives is more limited and requires a balancing of the interests of the patient and the relatives. It is recommended to proceed restrictively and to make the balancing on a case-by-case basis. It is also noted that the presumed will of the patient should be determined and that even in cases where there is no actual interest in confidentiality, the duty of confidentiality and data protection must be upheld. The patient's right to visitation is also mentioned. The article addresses various aspects of data protection in relation to patient rights and patient safety. It is pointed out that a patient's right to visitation in hospitals does not automatically imply consent to the disclosure of information to third parties. The disclosure of information to relatives or trusted individuals usually occurs on a voluntary basis and requires the patient's consent. Minors also have the right to data protection and informational self-determination, with their decision-making capacity being assessed based on their age and cognitive abilities. In certain cases, parents can be informed about important medical facts, especially if the child is at risk of suicide. In Germany, the obligation of doctors to provide information to parents regarding incapacitated minors is attributed to the state's duty of care. The article discusses confidentiality in healthcare and the possibility of exempting certain individuals from this obligation. In Austria, in addition to the state's duty of care, family autonomy also plays an important role. Adult individuals can have a legal representative who can also decide on the disclosure of health information to relatives. It is recommended to provide a written declaration to exempt doctors, nursing staff, and institutions from the duty of confidentiality. This exemption can only be made when the person is capable of making decisions and should be handed to the authorized person. [Extracted from the article]