For the last time, Ulrich Kelber presents his annual report as Federal Data Protection Commissioner. In it he once again criticizes the digitization of patient files. But that’s not his only complaint.
The acting Federal Data Protection Commissioner Ulrich Kelber has increased his criticism of the law on electronic patient files passed in February. The law introduced by Federal Health Minister Karl Lauterbach (SPD) stipulates that everyone with statutory health insurance will receive e-patient files at the beginning of 2025 – unless they actively reject it. According to Kelber, this contradiction solution significantly interferes with the fundamental right to informational self-determination.
In his annual activity report, which the data protection officer handed over to Bundestag President Bärbel Bas today, Kelber demands that the patient file should only be filled automatically with non-critical data. For everything else, the consent of the insured should be necessary. “This applies in particular to data whose disclosure leads to significant threats to the rights of insured persons, for example because they can give rise to discrimination or stigmatization, including data on HIV infections, abortions or mental illnesses,” says the report. According to Kelber, he welcomes the digitalization of the healthcare system and care, but this must be compliant with data protection regulations.
Various points of criticism
The topic of artificial intelligence also plays a major role in the report. Kelber sees this as a key technology that opens up impressive possibilities. But: “The basis of most AI applications is a great hunger for data that touches almost all areas of life – including very sensitive areas such as health,” continued Kelber. There is a need for binding framework conditions for the use of AI, which must be “centrally shaped” by data protection and privacy. Depending on how artificial intelligence is used, it has “the potential for restrictions on fundamental rights and discrimination.”
The Federal Data Protection Commissioner is also critical of certain new regulations in the security area. In the area of financial crime and money laundering, new laws have been created in order to effectively combat financial crime. However, according to Kelber, these new regulations and their implementation would create an additional new dimension of monitoring.
letter to Federal Government
It was probably Kelber’s last activity report. After a five-year term in office, he has only been in office on a provisional basis since January 7th because the Bundestag did not extend his mandate. The Federal Commissioner for Data Protection and Freedom of Information is proposed by the Federal Government and elected by the Bundestag. It was agreed in the traffic light coalition that the Greens and FDP could make a personnel proposal. Kelber can only lead the authority on an interim basis until July 6th.
Representatives of civil society criticized the federal government for this handling of the office of the Federal Data Protection Commissioner. The events surrounding a possible extension of Kelber’s term of office damaged the office “in an unprecedented way,” says an open letter to Federal Interior Minister Nancy Faeser, Chancellery Minister Wolfgang Schmidt (both SPD), the leaders of the SPD, Greens and FDP and Bundestag President Bärbel Bas (SPD).
The signatories include the Chaos Computer Club (CCC), the Digital Society, the Society for Computer Science and the Free Software Foundation Europe. Kelber said he could certainly understand the fears expressed in the letter.