"The digitalization of the German healthcare system has been slow over the past 20 years. With the introduction of the electronic patient record on January 15 for 70 million insured persons, significant progress is now being made. It forms the heart of digitalization in the healthcare system and will dramatically improve patient care," promised the Federal Minister of Health.

Currently, X-rays and doctor's letters are often still transported physically, which can lead to incomplete information and impair the efficiency of doctor-patient consultations, which typically last only four to six minutes. According to Lauterbach, patients often have difficulty understanding and summarizing medical findings, which can lead to misdiagnoses.

Germany has the most expensive healthcare system in Europe, but according to Lauterbach, there are significant quality deficits. "For the first time, we have a life expectancy that is below the EU average," he noted critically.

Karl Lauterbach aims to address these deficits through comprehensive reforms in digitalization, hospital care, and medical research. He emphasized the importance of the electronic patient record and the Research Data Center for Health (FDZ Gesundheit) at the Federal Institute for Drugs and Therapy Safety as key elements for future developments in the healthcare system.

Lauterbach on the valuable data treasure of the electronic patient record

Karl Lauterbach emphasized the enormous importance of the electronic patient record (ePA), which will serve as the central repository of health data in the future. This record will routinely integrate laboratory findings, imaging data, hospital data, medication data, nursing information, and digital health applications. Lauterbach emphasized: "If you just consider the sheer size of this treasure trove of data – we have a billion doctor-patient contacts in our practices every year."

Thanks to the ePA and the option to opt out of data collection, this treasure trove of data is continuously growing. It is particularly important that the data treasure of the Research Data Center for Health (FDZ Gesundheit) is increasingly being expanded to include additional data from more than 400 medical registries as well as genomic data.

The health insurance billing data is already stored in the FDZ Gesundheit (Health Data Center), and in the future, all data will be linked via a pseudonymized health insurance number. This comprehensive database is intended not only to facilitate individual treatment decisions but also to support clinical studies, epidemiological evaluations, and improved health policy. According to Lauterbach, artificial intelligence (AI) will be used to efficiently utilize this dataset. The dataset was structured from the outset to be "AI-ready." Lauterbach sought advice from Israel to ensure optimal compatibility between data protection and data usage.

The research data center enables secure access to data through "confidential computing" without the data leaving the protected space. Researchers can evaluate the data using AI methods, with access granted only for the specific research purpose. According to Lauterbach, it is crucial that the dataset never escapes this secure environment.

With the introduction of the ePA and the FDZ Health starting in 2025, health data from birth to old age will be collected – representative of the entire population. Lauterbach described the ePA as the largest digital project in German history and a groundbreaking innovation. The goal is to create the "largest," "most representative," and "most interesting" health data set worldwide.

Lauterbach on the global interest in health data and the role of artificial intelligence

Karl Lauterbach reported on the growing interest of leading tech companies in the health data collected by the electronic patient record (ePA) and the Research Data Center for Health (FDZ Gesundheit). According to Lauterbach, Meta, OpenAI, and Google are already in discussions to train and develop their AI models with this data. He assured that German solutions are also being supported, but international interest in this data is enormous.

Another topic Lauterbach emphasized is the use of AI for early disease diagnosis. In the future, very early stages of cancer could be detected through fingerprints reflected in the protein structure of blood. Lauterbach sees great potential for AI to ease the burden on the healthcare system, particularly in the area of second opinions. This could also lead to less invasive treatments such as full-blown chemotherapy being necessary, and more targeted therapies being used.

Lauterbach also has high hopes for innovative treatments such as gene therapy and CAR T-cell therapy. He cited AlphaFold and EvolutionaryScales ESM3 as further positive examples. Lauterbach predicts that 15 million baby boomers will retire from the workforce in the coming years and increasingly become patients. This presents a challenge, but also offers an opportunity to develop improved and more efficient medicine.

In conclusion, Lauterbach emphasized that medicine as an economic sector continues to offer growth opportunities despite economic stagnation in other areas. Sectors such as medicine, digitalization, medical technology, and pharmaceuticals continue to experience positive growth.

TK boss praises Lauterbach's reforms, but also criticizes digitalization

Jens Baas, head of Techniker Krankenkasse, praised Karl Lauterbach for the progress he made with his reforms, particularly the introduction of e-prescriptions, which Baas said was largely successful – apart from a few "minor hiccups." Despite this positive assessment, Baas emphasized that Lauterbach had made many important advances, but that it was crucial to continue to keep an eye on costs.

However, Baas expressed criticism regarding digitalization. He argued that a "fundamentally different approach or mindset" is needed to effectively address the challenges in this area.

Discussion about the visibility of billing data and criticism of the pace of digitalization

Jens Baas, head of the Techniker Krankenkasse (health insurance company), expressed criticism during a discussion with the government regarding the planned automatic filling of the electronic patient record (ePA) with billing data. This data is to be visible to every treating physician in the future. Baas pointed out that there were concerns that sensitive information such as an HIV diagnosis could be displayed in the record, which sparked discussions. He criticized the fact that such considerations could suddenly lead to doctors no longer being able to access all necessary data. Baas called this a "stupid idea" and warned that such discussions would not advance digitalization. He argued that Germany lacks a clear mindset that would involve everyone, including skeptics.

In a recent Bitkom survey, 7 out of 10 respondents stated that digitalization in the healthcare sector is progressing too slowly. However, 83 percent of respondents feel that doctors are generally open to digitalization. Furthermore, 77 percent see Germany lagging behind internationally.

Despite this criticism, Dr. Bernhard Rohleder, CEO of Bitkom, praised the progress made under Lauterbach's leadership. He emphasized that, with the Digital Act and the Health Data Use Act, two important projects were implemented during the shortened legislative period, overcoming years of stagnation in the healthcare system. Rohleder sees digitalization as the key to keeping the healthcare system efficient and affordable in the future.

Der Beitrag Lauterbach betont die Bedeutung der Gesundheitsdaten für KI-Innovationen und Reformen im Gesundheitswesen erschien zuerst auf R&U.

Facts: Data protection violation and claim for compensation

A plaintiff demanded compensation from a statutory health insurance company for a violation of data protection regulations. She has statutory health insurance with the defendant and had a consultation with an insurance broker on November 27, 2018 about taking out private daily sickness benefit insurance, which was to begin on January 1, 2019. The broker recommended that she request an extract of her health record from the defendant in order to be able to correctly answer the health questions in the insurance application.

On December 14, 2018, the plaintiff called the defendant to request the contents of her health record for the last three years, correctly providing her email address: B1@fff.deUnfortunately, the clerk misspelled this as B2@fff.de noted and the requested file content sent to this false email address – without encryption or pseudonymization.

When the plaintiff did not receive the email, she contacted the defendant several times by telephone. The defendant informed her that the email had been sent to the wrong address and arranged for the file to be sent by post on the same day. The plaintiff then complained about the uncertainty and fear regarding her health data, which led to repeated telephone inquiries and complaints.

The plaintiff and her lawyer requested information from the defendant about the incident, and the defendant admitted the data protection violation in writing. The plaintiff then demanded compensation of EUR 15,000 and reimbursement of legal costs of EUR 1,029.35 in accordance with Art. 82 GDPR. The defendant offered her EUR 500, but did not admit liability. The plaintiff did not accept the offer and filed a lawsuit with the Wuppertal Regional Court.

During the trial, the defendant claimed that the email had been sent at the express request of the plaintiff, as she wanted to receive the documents quickly. After becoming aware of the error, she tried to recall the email and reported the data protection violation to the relevant authority. The defendant's witness also stated that the mailbox B2@fff.de after the wrong email was never used and has since been deleted.

The regional court sentenced the defendant to pay EUR 4,000 in damages and to indemnify the plaintiff for pre-trial legal costs of EUR 413.64. It also found that the defendant was liable to the plaintiff for future material and immaterial damages resulting from this incident. The decision was based on the data protection violation, as the defendant had violated its obligations under Art. 32 Para. 1 GDPR by not taking sufficient technical and organizational measures to prevent unencrypted transmission of personal data. The plaintiff was not found to be contributory negligence.

Both parties appealed to the Düsseldorf Higher Regional Court.

Der Beitrag Schmerzensgeld wegen Verletzung von Datenschutzvorschriften erschien zuerst auf R&U.

"The digitalization of the German healthcare system has been slow over the past 20 years. With the introduction of the electronic patient record on January 15 for 70 million insured persons, significant progress is now being made. It forms the heart of digitalization in the healthcare system and will dramatically improve patient care," promised the Federal Minister of Health.

Currently, X-rays and doctor's letters are often still transported physically, which can lead to incomplete information and impair the efficiency of doctor-patient consultations, which typically last only four to six minutes. According to Lauterbach, patients often have difficulty understanding and summarizing medical findings, which can lead to misdiagnoses.

Germany has the most expensive healthcare system in Europe, but according to Lauterbach, there are significant quality deficits. "For the first time, we have a life expectancy that is below the EU average," he noted critically.

Karl Lauterbach aims to address these deficits through comprehensive reforms in digitalization, hospital care, and medical research. He emphasized the importance of the electronic patient record and the Research Data Center for Health (FDZ Gesundheit) at the Federal Institute for Drugs and Therapy Safety as key elements for future developments in the healthcare system.

Lauterbach on the valuable data treasure of the electronic patient record

Karl Lauterbach emphasized the enormous importance of the electronic patient record (ePA), which will serve as the central repository of health data in the future. This record will routinely integrate laboratory findings, imaging data, hospital data, medication data, nursing information, and digital health applications. Lauterbach emphasized: "If you just consider the sheer size of this treasure trove of data – we have a billion doctor-patient contacts in our practices every year."

Thanks to the ePA and the option to opt out of data collection, this treasure trove of data is continuously growing. It is particularly important that the data treasure of the Research Data Center for Health (FDZ Gesundheit) is increasingly being expanded to include additional data from more than 400 medical registries as well as genomic data.

The health insurance billing data is already stored in the FDZ Gesundheit (Health Data Center), and in the future, all data will be linked via a pseudonymized health insurance number. This comprehensive database is intended not only to facilitate individual treatment decisions but also to support clinical studies, epidemiological evaluations, and improved health policy. According to Lauterbach, artificial intelligence (AI) will be used to efficiently utilize this dataset. The dataset was structured from the outset to be "AI-ready." Lauterbach sought advice from Israel to ensure optimal compatibility between data protection and data usage.

The research data center enables secure access to data through "confidential computing" without the data leaving the protected space. Researchers can evaluate the data using AI methods, with access granted only for the specific research purpose. According to Lauterbach, it is crucial that the dataset never escapes this secure environment.

With the introduction of the ePA and the FDZ Health starting in 2025, health data from birth to old age will be collected – representative of the entire population. Lauterbach described the ePA as the largest digital project in German history and a groundbreaking innovation. The goal is to create the "largest," "most representative," and "most interesting" health data set worldwide.

Lauterbach on the global interest in health data and the role of artificial intelligence

Karl Lauterbach reported on the growing interest of leading tech companies in the health data collected by the electronic patient record (ePA) and the Research Data Center for Health (FDZ Gesundheit). According to Lauterbach, Meta, OpenAI, and Google are already in discussions to train and develop their AI models with this data. He assured that German solutions are also being supported, but international interest in this data is enormous.

Another topic Lauterbach emphasized is the use of AI for early disease diagnosis. In the future, very early stages of cancer could be detected through fingerprints reflected in the protein structure of blood. Lauterbach sees great potential for AI to ease the burden on the healthcare system, particularly in the area of second opinions. This could also lead to less invasive treatments such as full-blown chemotherapy being necessary, and more targeted therapies being used.

Lauterbach also has high hopes for innovative treatments such as gene therapy and CAR T-cell therapy. He cited AlphaFold and EvolutionaryScales ESM3 as further positive examples. Lauterbach predicts that 15 million baby boomers will retire from the workforce in the coming years and increasingly become patients. This presents a challenge, but also offers an opportunity to develop improved and more efficient medicine.

In conclusion, Lauterbach emphasized that medicine as an economic sector continues to offer growth opportunities despite economic stagnation in other areas. Sectors such as medicine, digitalization, medical technology, and pharmaceuticals continue to experience positive growth.

TK boss praises Lauterbach's reforms, but also criticizes digitalization

Jens Baas, head of Techniker Krankenkasse, praised Karl Lauterbach for the progress he made with his reforms, particularly the introduction of e-prescriptions, which Baas said was largely successful – apart from a few "minor hiccups." Despite this positive assessment, Baas emphasized that Lauterbach had made many important advances, but that it was crucial to continue to keep an eye on costs.

However, Baas expressed criticism regarding digitalization. He argued that a "fundamentally different approach or mindset" is needed to effectively address the challenges in this area.

Discussion about the visibility of billing data and criticism of the pace of digitalization

Jens Baas, head of the Techniker Krankenkasse (health insurance company), expressed criticism during a discussion with the government regarding the planned automatic filling of the electronic patient record (ePA) with billing data. This data is to be visible to every treating physician in the future. Baas pointed out that there were concerns that sensitive information such as an HIV diagnosis could be displayed in the record, which sparked discussions. He criticized the fact that such considerations could suddenly lead to doctors no longer being able to access all necessary data. Baas called this a "stupid idea" and warned that such discussions would not advance digitalization. He argued that Germany lacks a clear mindset that would involve everyone, including skeptics.

In a recent Bitkom survey, 7 out of 10 respondents stated that digitalization in the healthcare sector is progressing too slowly. However, 83 percent of respondents feel that doctors are generally open to digitalization. Furthermore, 77 percent see Germany lagging behind internationally.

Despite this criticism, Dr. Bernhard Rohleder, CEO of Bitkom, praised the progress made under Lauterbach's leadership. He emphasized that, with the Digital Act and the Health Data Use Act, two important projects were implemented during the shortened legislative period, overcoming years of stagnation in the healthcare system. Rohleder sees digitalization as the key to keeping the healthcare system efficient and affordable in the future.

Der Beitrag Lauterbach betont die Bedeutung der Gesundheitsdaten für KI-Innovationen und Reformen im Gesundheitswesen erschien zuerst auf R&U.

Merz stated that those who store all their health data on the electronic health card would pay 10 percent less in health insurance contributions than those who have reservations and do not want to share their data. This statement was met with criticism, including from security researcher Bianca Kastl on Mastodon. She warned that financial incentives to store health data would only exacerbate existing inequalities in the healthcare system. People without discriminated diagnoses could benefit from savings, while those who lack the confidence to share their health data digitally face additional financial burdens. Kastl sees this as a vicious circle that particularly affects people with stigmatizing illnesses, who would now have to pay extra for the protection of their privacy.

Data treasures in focus: Merz and Microsoft on using data to increase productivity

According to Merz, the debate on data protection often focuses more on the use of data than on the use of data, even though the public is already more advanced in this area than politicians. In this context, the CDU/CSU candidate for chancellor mentioned a conversation with Microsoft CEO Satya Nadella during the last World Economic Forum. Nadella explained that German SMEs possess a "great treasure" of data within their companies – from that collected in production, sales, purchasing, human resources management, and many other areas. If this data is used correctly in combination with artificial intelligence, productivity increases could be achieved. However, it remains unclear how these findings can be transferred to the use of health data. What is clear, however, is that Microsoft is also promoting programs such as Dragon Ambient Experience in Germany, and its software is increasingly being used in hospitals.

Will data protection soon cost extra?

Experts have already noted in the past that insured persons could sell their data to health insurance companies, as reported by Tagesspiegel Background. This data is considered particularly valuable. Health Minister Karl Lauterbach has also repeatedly pointed to the untapped and growing treasure trove of data associated with electronic patient records and the Health Research Data Center – a treasure trove in which Microsoft is also interested. With a unique data infrastructure, Lauterbach is pursuing the goal of returning Germany to the global leadership. As part of his pharmaceutical strategy, the minister introduced the Health Data Use Act (GDNG) and the Medical Research Act to ensure that pharmaceutical companies relocate their locations to Germany.

Der Beitrag Merz: Ermäßigung von 10 Prozent bei Krankenkassenbeiträgen für Datenbereitsteller erschien zuerst auf R&U.

Victims of the extensive data theft at Facebook can now assert claims for damages with comparatively minimal requirements. It is sufficient to prove that they were affected by the incident. It is neither necessary to prove the misuse of the data nor do those affected have to prove that they were particularly adversely affected by the incident.

The Federal Court of Justice (BGH) has made use of the new option of leading decision proceedings for the first time. This supreme court decision is now of great significance for thousands of similar cases at regional and higher regional courts in Germany. However, the presiding judge of the sixth civil senate, Stephan Seiters, emphasized that the damages awarded for a mere loss of control could not be excessive. Seiters cited an amount of 100 euros as an example. The lower court, the Higher Regional Court (OLG) of Cologne, had rejected the claim for damages. This decision was overturned by the BGH, and the case was remanded to the Higher Regional Court of Cologne for further clarification. The Higher Regional Court must now further investigate the facts of the case, which had previously been omitted due to the blanket rejection of claims.

Personal data of 533 million users surfaced on the Internet

In April 2021, data from approximately 533 million Facebook users from 106 countries was published online. The perpetrators had accessed the data via the "Find Friends" function by entering random phone numbers and accessing users' personal information if matches were found. The published connection data includes first and last names, country, gender, phone number, and, in some cases, employer.

Following the incident, numerous lawsuits were filed, most of which have so far been unsuccessful in state and higher regional courts. Facebook's parent company, Meta, consistently defended itself by claiming the lawsuits were unfounded. After last week's hearing, the company's lawyers emphasized that the incident did not constitute a data breach and that Facebook's systems had not been hacked.

Der Beitrag BGH stärkt Schadensersatzansprüche nach Facebook-Datendiebstahl erschien zuerst auf R&U.

Those affected by data theft on Facebook could hope for compensation. In an initial assessment, the Federal Court of Justice (BGH) indicated that the mere loss of control over one's own data could be sufficient for a claim. However, it must be proven that this loss actually occurred, not any immaterial damages such as fear or worry, explained Stephan Seiters, presiding judge of the Sixth Civil Senate in Karlsruhe. The final ruling of the Federal Court of Justice is still pending, however, and will be important for many future proceedings before German courts.

The background to this case is a 2021 data protection incident in which unknown perpetrators publicly published the data of approximately 533 million Facebook users from 106 countries online. This data was obtained by exploiting a friend search function on the platform. The Federal Court of Justice stated that the perpetrators benefited from Facebook's ability to search for users' profiles based on phone numbers—even if these were not publicly visible. The "scrapers" generated random phone numbers and found matches. This linked user ID, name, gender, country, and phone number, among other things.

Those affected accuse Facebook of having taken inadequate security measures. Due to the loss of control over their data and the resulting distress, they are demanding compensation, including for non-pecuniary damages. So far, the lawsuits before the regional and higher regional courts have largely been unsuccessful, but a final decision by the Supreme Court is still pending.

First leading decision of the Federal Court of Justice

In order to process the large number of individual lawsuits more efficiently, the Federal Court of Justice (BGH) designated the appeal procedure in the so-called scraping case as the first leading decision procedure – even though the appeal had since been withdrawn. This option was only introduced on the same day through a new provision in Section 552b of the Code of Civil Procedure.

With this case from North Rhine-Westphalia, the Sixth Civil Senate seeks to clarify fundamental legal questions, including whether the default setting of "all" for the so-called contact import function violates the General Data Protection Regulation. Other issues include whether the mere loss of control over scraped data constitutes non-material damage, how this damage should be assessed, and how a claim for damages would need to be substantiated accordingly (Case No. VI ZR 10/24).

Judge Stephan Seiters explained that in this specific case, the plaintiff stated that he had only deliberately shared his phone number. After the theft, the man felt, among other things, severe discomfort and developed a growing distrust of emails and text messages.

Based on a preliminary assessment, the Senate is also considering a user-friendly interpretation with regard to possible future damages. After all, the incident violated the rights to informational self-determination and the protection of personal data, according to Seiters.

The Bonn Regional Court partially upheld the claim in the first instance and awarded the plaintiff €250. However, the Cologne Higher Regional Court dismissed the claim in the second instance.

Meta: Complaints are baseless and unfounded

Christian Rohnke, a lawyer for Facebook's parent company Meta, warned against lowering the burden of proof for plaintiffs too much. In his view, the mere loss of control over one's own data is not sufficient to claim damages. "If anything, non-material damage could consist of harassing calls," he explained. In this case, however, it would have to be proven that the number of calls had increased.

According to Rohnke, the plaintiffs would also have to provide evidence that they were anxious or worried about the incident—for example, by changing their phone number. However, the plaintiff failed to do so. "If he had genuine concerns, it would have been obvious to change his number," Rohnke said.

Meta considers the lawsuits to be unfounded. Attorney Martin Mekat of the law firm Freshfields, which represents Meta, emphasized after the hearing that no Facebook systems were hacked in this incident and therefore did not constitute a data protection violation. He pointed out that Meta has already won over 6,000 similar lawsuits in German courts.

The Karlsruhe judges are now deliberating based on the oral hearing and will announce the verdict at a later date. The exact date for the verdict has not yet been set.

Der Beitrag Facebook-Datendiebstahl: BGH über mögliche Schadenersatzansprüche durch Kontrollverlust erschien zuerst auf R&U.