Protection of Medical Confidentiality without a Medical Privilege? — A Discussion of the English and the German Approach

Abstract

The article illustrates the operation of the concept of medical confidentiality in the course of criminal court proceedings which are used to highlight the conflicting interests in full disclosure of all relevant information, including confidential patient information, and in the protection of patient confidences. The principles of protection of confidential patient information in England will be contrasted with the legal situation in Germany, where medical privilege extends to the court room and is embodied in the Criminal Procedure Code. It is submitted that the interests of justice are not necessarily undermined by the concept of medical privilege and that medical confidentiality can only be comprehensively protected if protection extends to the court room.