Confidentiality: If you say these 7 things, you are threatened with dismissal
Content
- What is confidentiality?
- Contents: Why do I have to be silent?
- What can I talk about?
- What is the risk of a breach of confidentiality?
- Who is subject to statutory confidentiality?
- Confidentiality for other employees
- Exceptions: When can you break confidentiality?
- Express permission
- Implied or Suspected Permission
- Legal obligation to provide information
- Justifying emergency
- Impending criminal offense
Anyone who talks about the job should be careful: Due to the confidentiality obligation, some information is protected and subject to confidentiality. Those who pass these things on not only risk trouble with the boss, but in the worst case even face criminal prosecution. The duty of confidentiality does not only apply to doctors for a long time. We explain what you need to know about confidentiality on the job, when and to whom it applies and under what conditions it can be lifted ...
What is confidentiality?
The obligation of various professional groups or persons not to pass on information or secrets that they obtain through their work to outside third parties is referred to as the duty of confidentiality - or confidentiality.
The aim of confidentiality in Germany is privacy protection. Everyone has the right to keep personal secrets and private information confidential. Anyone who reveals such sensitive information and makes it public - even only to a single outsider - may even be liable to prosecution.
Contents: Why do I have to be silent?
In short: Any information that is passed on to the person who keeps the secret as a result of his or her work is to be treated confidentially. The obligation of confidentiality for doctors includes, for example, not only illnesses and diagnoses, but also the private situation, financial situation, personal data, treatments or the course of accident in the event of injuries.
The duty of confidentiality for employees includes all trade secrets and internal information that affect business operations and must remain secret in the company's economic interests. Typical trade secrets that are covered by confidentiality include:
- Recipes
- Manufacturing processes
- Information about customers
- Innovations and developments
- Technical know-how
- Course-relevant information
- Important strategic decisions
What can I talk about?
Despite the confidentiality imposed, you are of course allowed to talk about your job. Unless explicitly stated otherwise, you can talk about your job, tasks or your salary. It is crucial that you do not divulge any of the above personal data or information worthy of protection. As long as you stick to it, you are on the safe side.
What is the risk of a breach of confidentiality?
Confidentiality should not be broken lightly or carelessly. If you divulge information from your job that is subject to confidentiality, you may be liable to prosecution. There is a risk of fines or even a prison term of up to one year. This is regulated in Section 203 of the Criminal Code.
Anyone who reveals an unauthorized third-party secret, namely a secret belonging to the personal sphere of life or a trade or business secret, [...] is punished with imprisonment for up to one year or with a fine.
From a labor law perspective, you are violating the obligations of your employment contract if you break the obligation of confidentiality. The consequences are a warning or even termination. In addition, your employer may have claims for damages.
Who is subject to statutory confidentiality?
Doctors are at the top of the list of confidentiality obligations, but it is much more extensive. Also in § 203 StGB all professional groups are named, which are bound to the secrecy. This includes:
- Doctors and Dentists
- Veterinarians
- pharmacist
- Nurses and geriatric nurses
- Emergency services
- Professional psychologists
- Chartered Accountants and Auditors
- Lawyers, patent attorneys and defense lawyers
- Tax advisors and tax agents
- Notaries
- state-approved social workers and social pedagogues
- Employees with private health, accident or life insurance
Confidentiality for other employees
The law clearly lists professional groups that are bound to secrecy - can all other employees then freely talk about their jobs? No! There is also a duty of confidentiality for other professions. This results from the employment contract as a secondary obligation.
This is based on the principle of good faith (§ 242 BGB). The employment contract also often contains specific areas and information that must be kept confidential. Even after the end of the collaboration. However, the obligation also exists if the contract does not explicitly mention this.
Exceptions: When can you break confidentiality?
Confidentiality is not unlimited. It can be overridden under certain circumstances. You need a corresponding reason for this, otherwise you may be guilty of violating private secrets or violating your employment contract. The following exceptions allow confidentiality to be lifted:
Express permission
If there is a written agreement from the person concerned, which expressly exempts from confidentiality, this can be revoked. In this way, a patient can release a doctor from his obligation to maintain confidentiality and allow him to talk to his family about his or her state of health and the upcoming treatment.
Implied or Suspected Permission
In some situations, written permission is not required - it is sufficient if consent can be assumed. If the doctor suggests referring his patient and the patient agrees, he tacitly agrees that the doctor will also pass on his documents and information to the colleague. Even after an accident or a criminal act, presumed permission is assumed if the victim is unconscious.
Legal obligation to provide information
Hospitals are obliged to forward certain data of their patients to the health insurance companies. This is only allowed because there is a legal obligation to provide information. Even if the Infection Protection Act is affected, there is a legal obligation to inform the health department. With regard to this obligation to provide information, the obligation to maintain confidentiality is lifted.
Justifying emergency
If there is a greater risk, confidentiality can be suspended. This so-called justifying state of emergency is regulated in Section 34 of the Criminal Code and is referred to as a “danger to body, freedom, honor, property or another legal asset that cannot be averted otherwise”. For example, if a child is neglected in a family and is in danger as a result, the social worker can pass this information on despite the obligation to maintain confidentiality in order to protect the child.
Impending criminal offense
Of course, confidentiality can also be lifted in the event of an impending crime in order to prevent it. If someone announces a crime to his doctor or lawyer, he or she can inform the police without fear of the consequences.
