Confidential Medical Records Abandoned on Street: Data Protection Breach in Canton of Lucerne

2023-05-14 20:01:38

Canton of Lucerne

“In front of my house, there was the medical certificate of a complete stranger”

A man discovered confidential medical records abandoned on the street. The cantonal authorities filed a complaint against the firm.

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The boxes were left loose in the street the day before the waste paper was collected.

20min/Reader-reporter

A reader made a curious discovery on Friday evening when he left his home in a town in the canton of Lucerne. It was the eve of the day for the collection of old paper by the municipal services and the wind had blown away the sheets deposited on the street in open boxes. “There were some scattered over 30 or 40 meters,” he says. Picking them up, surprised: “In front of my house, there was the medical certificate of a complete stranger and, in my neighbour’s garden, blood test results.”

The documents, confidential, came from the medical office located in the street. This one might get in trouble because it’s a data protection breach (read box). The township authorities have been informed of the case. “We have decided to file a complaint,” said a spokeswoman for the Health Department.

The wind had blown leaves, which were scattered along the street.

20min/Reader-reporter

An “isolated incident”

The medical practice in question is part of a network of 18 family medicine practices, all bought by the same doctor. Local media and SRF television have already investigated the company, accusing it of scams, questionable billings and excessive prescription of drugs.

Contacted, the boss of the company apologized and spoke of an “isolated incident”. It should be noted that the law obliges us to keep patient files in general for at least twenty years. The boss did not wish to say whether those who were abandoned in the street could legally be rid of them or not. He says he does not fear punishment, speaking of an incident “without bad intentions”.

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Daniel Tapernoux of the Swiss Patients’ Organization says that this appears to be a “clear breach of data protection. The correct procedure with patient documents would be to destroy patient records on site, if possible under the supervision of practice staff, if done by an external company, or with secure transport to such a company for destruction”. According to the Lucerne Department of Health, in addition to the violation of data protection rules, the practice can also be accused of a violation of medical secrecy.

(Benedikt Hollenstein/Yannick Weber)Show comments

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