Urheber- und datenschutzrechtliche Aspekte zur Nutzung von Bildern aus der Pathologie in Social Media
摘要
Because of digitalization in pathology, more and more patient images are being used outside of the patient file.
QuestionWhat copyright and data protection aspects in the German legal area must be considered when using images from pathology on social media?
Material and methodsResearch and analysis of the legal basis in German copyright and data protection law.
ResultsGerman legislation provides clear guidelines regarding authorship and the rights to use images. The General Data Protection Regulation (GDPR) is particularly strict when it comes to handling health data. According to some voices, anonymization is not only difficult to implement in the age of digitalization and increasing networking and processing of data, but it is also unclear when exactly anonymization has taken place. However, one thing is certain: anonymized data do not fall under the GDPR.
ConclusionsWhen publishing images from pathology on social media, data protection law must be observed in particular, since the data in question are health data and thus personal data that are particularly worthy of protection. Without anonymization, it is necessary to obtain patient consent that complies with data protection regulations. Furthermore, copyright aspects must be considered for images from pathology as photographic works.