Video consultations are a good supplement to treatment, even if they do not replace personal contact with the doctor. However, there are always gaps in data protection, for example when using tracking providers or when storing personal data. That comes from one Analysis of the Federal Association of Consumer Centers (vzbv) from 9 different telemedicine platforms and doctor’s appointment portals that arrange doctor’s appointments.
The vzbv also saw the lack of express consent to the processing of health data and the lack of information about where the data goes as further critical points. Since two providers had obtained insufficient express consent or no consent at all, the vzbv warned them: They then had to sign cease-and-desist letters. Further warnings are currently being examined.
Overview of the providers examined by the Federal Association of Consumer Advice Centers
Although the National Association of Statutory Health Insurance Physicians provides a list of certified video service providers, the certification only applies to the “technical transmission channel itself and not to other possible services of the platforms”, writes the vzbv. The certification therefore does not include other services implemented on the platform for marketing purposes and the transfer of data to third parties or processing outside the EU. Therefore, eight out of nine platforms listed tracking providers in their privacy policy that “can track, collect and use” user behavior, for example for marketing purposes and profiling. It is fundamentally critical to process health data for advertising purposes, since this data allows conclusions to be drawn about health.
Avoid tracking
According to the Digital Services Act (DSA) passed by the EU in summer 2022, online platforms are not allowed to use sensitive data for advertising purposes. Consumers could only use video consultations without hesitation, for example, if data protection standards were implemented quickly and comprehensively.
“Not only the pure transmission of the video, but also access to the video consultation should be free of tracking and advertising. If there are gaps in protection after the DSA comes into force, the federal government must close them. Patients must be protected from tracking and manipulation through advertising be protected by the current regulations,” says Thomas Moormann, Head of the Health and Care Team at vzbv. In addition, video consultation hours must always have the option of participating via guest access.
Video consultations are basically useful, even if they do not replace personal contact with the doctor as the gold standard. “If they are used in a targeted manner, they can supplement the treatment process, improve access to medical care and reduce the risk of infection. It is essential that the platforms meet applicable consumer protection standards,” says Moormann.
(mack)
