[The post-mortal right of privacy].
Regarding the post-mortal right of privacy a distinction must be made between post-mortal protection of the personality, the post-mortal duty of confidentiality and the problems associated with the necessity to consent to a clinical post-mortem. The post-mortal protection of the personality both grants the post-mortal right to respect for privacy, which can be asserted by rights holder, and entitles to claim damages resulting from breach of any proprietary elements of the right to post-mortal privacy. The post-mortal duty of confidentiality protects against the unauthorized disclosure of confidential information about the patient even after his death. The physician has to decide whether the consent of the deceased may be presumed; however, he/she has to state the reasons why, due to medical confidentiality, he/she feels unable to disclose such information. Basically, the consent for clinical post-mortem can be effectively declared by way of a refusal clause in the hospital admission contract.
Jansen
Christoph
C
Fachanwalt für Medizinrecht, Königsallee 22, 40212 Düsseldorf. kanzlei@ra-dr-jansen.de
D001293:Attitude to Death; D003219:Confidentiality / Q000331:legislation & jurisprudence / Q000592:standards*; D003643:Death; D005260:Female; D005858:Germany; D006806:Human Rights / Q000331:legislation & jurisprudence* / Q000592:standards; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence; D008297:Male; D010817:Physician-Patient Relations; D018907:Privacy