NRW's data protection officer: Patient data has no place on social media

The State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia (LDI NRW), Bettina Gayk, strongly warns doctors, therapists, and nursing staff against publishing patient data on social media. The background are several cases from NRW in which sensitive health data were disseminated via platforms such as Instagram, Snapchat, or via livestream.

"Some of the cases that landed at my authority have truly left me speechless," explained Gayk. "The desire for self-representation sometimes crosses all boundaries." In addition to possible fines, affected persons could also face claims for damages.

Advertising with sensitive data

Gayk sees significant risks in advertising activities on social networks. For example, a cosmetic surgeon published a photo on Instagram from the preparation of a breast augmentation, which was actually only intended to illustrate a new technique to the patient. Without her knowledge and consent, the image appeared on the practice's account – including a clear name visible in the picture.

In another case, a psychotherapist shared the approved therapy application from a health insurance company on her social media profile to celebrate its success. The patient's name was probably accidentally legible. "Both cases show how quickly mistakes can happen when dealing with social media. And what has been posted cannot be taken back." Anyone who disseminates personal health data for advertising purposes without legally effective consent is acting in violation of data protection regulations.

Nurses film patients

According to the data protection officer, nursing staff have also repeatedly been observed showcasing care-dependent individuals in short videos or livestreams on the internet. In some cases, the recordings were made during working hours or during breaks. In a particularly serious case, a nurse regularly published videos showing severely ill bodies, juxtaposing these scenes with glimpses into her own private life. Even if only individual body parts are visible in the recordings, this does not mean that the affected persons remain anonymous – they can still be recognizable to people in their circle.

Even the consent of the affected persons is often not a viable legal basis in such constellations. On the one hand, certain illnesses may impair the ability to consent. On the other hand, voluntariness is often questionable due to the dependency relationship between patients and medical staff.

(mack)