The Fair Health Information Practices Act of 1994 Hearings Before the Informat

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The Fair Health Information Practices Act of 1994 Hearings Before the Informat
Justice United States Congress House Committee On Gover
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I, 2954 [hereinafter cited as BDSG].
'^ Sozialgesetzbuch vom ll. Dezember 1975, BGBl . I, 3015.
'^ See Strafgesetzbuch (Criminal Code), § 203(1) (forbidding doctors from violating the "private secrets" of others) .
'° Some state data protection laws contain specific provisions concerning health care information, see, e. G. Hessisches Datenschutzgesetz (Hessen Data Protection Law), vom 11. November 1986, § 34(6). German states are also in the process of promulgation of sectoral laws for health c
...are information.
21 383 European nation is also affected by a European-wide treaty. The Council of Europe's Convention for the Protection of Individuals with Regard to Automatic Processing of Data, which currently is the most important European agreement for data protection, requires that signatory nations only permit the processing of sensitive data, including "personal data concerning health, " when "domestic law provides appropriate safeguards. "^^ These safeguards include: rights of access and correction; a specification of collection purpose; data security measures; and limitations on unnecessary data collection and data applications that are incompatible with the original collection purpose.^" In addition, remedies are to be provided in cases of lack of compliance with requests for: information about collections of personal data; access to personal data; or correction of personal data.


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