tag:blogger.com,1999:blog-2352189175211648260.post398821606439451702..comments2023-10-24T14:45:41.342+02:00Comments on K’s Law: T 945/09 – Doctors Are Talkativeorhttp://www.blogger.com/profile/07992102028406713066noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-2352189175211648260.post-56714362927972471372010-10-28T02:21:11.748+02:002010-10-28T02:21:11.748+02:00Why do you (Anonymous) consider it a bad decision?...Why do you (Anonymous) consider it a bad decision?<br /><br />Personally I have some doubt that the patient is a member of the public (i.e. an arbitrary member). He received the treatment in his capacity as a patient, which is something one can generally not choose to be. The patient could be said to be in some kind of special relationship to the donor of the information (T 1081/01, r. 7).<br /><br />Assuming the patient is not a member of the public, one could still argue that, given the lack of confidentiality agreement, the patient being free to communicate the information to the public counts as a disclosure. However, even assuming the patient was sufficiently skilled to inform the public (which the Boards seems to say is the case), there is no indication that the patient at any point in time has expressed his willingness to inform the public. According to T 1081/01, r. 7 and 8, some special act of making the information available to the public is required.Myshkinnoreply@blogger.comtag:blogger.com,1999:blog-2352189175211648260.post-66244500315960400322010-10-27T10:28:35.834+02:002010-10-27T10:28:35.834+02:00Caselaw is the last bad decision. Here is one.Caselaw is the last bad decision. Here is one.Anonymousnoreply@blogger.com