Telemedicine - Opportunities and Risks

Telemedicine is revolutionising healthcare by offering innovative solutions for patients and doctors. In this digital age, it opens up new opportunities, but also brings challenges, particularly in the area of data protection.

Telemedicine refers to the provision of medical services in the areas of diagnostics, therapy, rehabilitation and medical decision-making advice by means of telecommunication and information technology.

It enables healthcare providers to interact with patients remotely and aims to optimise and improve medical care, particularly in rural areas.

Some key areas are:

• Online video consultation: Here, doctor and patient have conversations via video calls. This is particularly useful for initial consultations or follow-up examinations.

• Telemonitoring: For chronic diseases such as diabetes, patients can monitor their vital signs and send this data electronically to their doctor for analysis.

• Teletherapy: Psychological counselling and therapy sessions via the internet enable patients to receive support without having to be physically present. having to be physically present.

Irrespective of technical difficulties, however, it is important to note that many diagnoses cannot be made without physical contact. Remote treatment therefore has limits that are set out in the Model Medical Code of Conduct (MBO-Ä).

According to Section 7 (4) MBO-Ä, medical treatments, including counselling, may not be carried out exclusively digitally. Physical, direct contact therefore remains the basic principle. Exclusive contact via communication media is permitted in individual cases if this is medically justifiable, comprehensive information has been provided and the necessary medical care is observed.

The main advantage of telemedicine is that it is location-independent, which is particularly important in rural and remote areas where there is a shortage of medical specialists. It enables access to medical care regardless of the patient's geographical location. This saves patients long journeys and waiting times, which is particularly beneficial for chronically ill people with limited mobility. Telemedicine can therefore promote efficiency in healthcare and reduce healthcare costs.

Although telemedicine offers many advantages, there are some obstacles to its use. For example, older people often have little experience with digital media, which is why this type of treatment can quickly become more of a challenge than a burden for patients. In addition, the internet is still very unstable or slow in many regions of Germany, which can make communication considerably more difficult.

In addition, the possibilities for physical examinations are limited, as there is usually no interpersonal contact between patients and medical staff. This can influence both the examination itself and the diagnosis based on it.

However, the biggest risk of telemedicine is the following: Data protection and data security. When telemedicine is used, health data must be transmitted and stored. Health data is particularly protected by the General Data Protection Regulation (GDPR), as it is considered particularly sensitive personal data (Art. 9 para. 1 GDPR).

Medical practices must obtain the patient's express and voluntary consent to process this data (e.g. when conducting an online consultation) (Art. 9 para. 2 lit. a GDPR). For this purpose, the patient must be informed in advance about all data protection aspects.

A data breach poses a major risk: If a cyberattack occurs, sensitive patient information can fall into the wrong hands and be misused. Companies in the telemedicine sector must therefore implement strict security protocols and data protection guidelines to ensure the confidentiality and integrity of patient data. This requires a secure infrastructure, which should absolutely prevent access by third parties.

However, the requirements for many areas in which telemedicine is used go beyond the provisions of the GDPR. For example, doctors who offer video consultations must be certified in accordance with the requirements of the National Association of Statutory Health Insurance Physicians (KBV) and the National Association of Statutory Health Insurance Funds (GKSV).

• Patient information and consent

  • Inform patients fully about how their data will be collected, used and protected. Obtain informed consent before starting telemedicine.

• Secure communication

  • Use secure communication channels, such as encrypted video and audio communication, to ensure the confidentiality of transmitted health data

  • Use end-to-end encryption for this

  • The BSI has published a technical guideline for the encryption of health data in telemedicine

• Data storage and erasure

  • Define clear rules for data storage and deletion.

  • Delete the data in accordance with the applicable data protection regulations after expiry of the retention periods.

• Authentication and authorisation

  • Implement strong authentication mechanisms to ensure that only authorised persons can access patient data

• Regular training courses

  • Train medical staff regularly on data protection regulations and secure telemedicine practices

Telemedicine is a promising advance in healthcare that can improve care and expand access to medical services. However, the risks, particularly in the area of data protection, must be carefully managed to ensure user trust and maintain the integrity of the healthcare system.

Do you need support?

Our team consists of lawyers, data protection officers, auditors, IT security consultants and risk managers who work for you throughout Germany and in Luxembourg. As specialised management consultants, we provide you with comprehensive support in the areas of data protection, IT law and cyber security. Contact us at any time for a non-binding initial consultation.