Data protection: German doctor's data needs to be removed from rating portal

German Federal Supreme Courts decides upon discrimation

“jameda”, a German rating portal for doctors, has to delete the data of a Cologne-based dermatologist, as decided by the Federal Supreme Court (Bundesgerichtshof, BGH). This is because of Jameda’s advertising measures which lead to the portal’s loss of being a neutral intermediary for information.

Jameda: Rating portal for doctors
Jameda’s business model consists of listing data of German doctors such as name, address, medical speciality, consultation hours etc. Users of the platform can rate the doctors. The BGH already decided in 2014 (VI ZR 358/13) that the storage of the doctors’ individual personal data is legitimate even against their will, since the portal acts as a neutral information intermediary in order to provide service to potential patients. The doctors can also pay a monthly sum to receive a premium profile with advertising possibilities. This has been the reason for the dermatologist’s legal action against Jameda. She claimed discrimination: Nearby premium doctors have been displayed on her own profile, while on these doctors’ profiles no other medical practices were being shown.

Federal Supreme Court confirms discrimantion
After being unsuccessful in the previous instances, the case went to the Federal Supreme Court. Although Jameda claimed freedom of expression and media, the court saw the dermatologist’s fundamental right to informational self-determination being threatened and confirmed the discrimination of paying and non-paying doctors. As mentioned before, it is legit to act as a rating portal and store the data of doctors. However, Jameda loses its status as a neutral information provider due to it’s practice of advertising premium profiles on competing profiles of non-premium doctors. According to the BGH, the portal has to refrain from this advertising measure. Furthermore, it has to delete the dermatologist’s data since the storage of data is illegitimate because of discrimination. However, the right to getting data deleted is still not given, according to the BGH.

This decision can have consequences on other rating portals, since Jameda is an individual case. The court's decision is available on the BGH's website (in German).

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