Security.nl, 10 June 2016: 'GPs in cassation against introduction of LSP'

"The Association of Practicing General Practitioners (VPHuisartsen) this week appealed to the Supreme Court against the introduction of the National Switch Point (LSP), the infrastructure for sharing confidential medical patient data.

According to VPHuisartsen, a huge and expensive system has been set up without adequate research beforehand. Not into its purpose, not into what questions it actually solves and not into the risks this national infrastructure poses. The organisation is particularly concerned about the privacy impact. Indeed, the LSP would end confidentiality and privacy in the consulting room.

"It is no longer the doctor and patient who decide together who can see what data. Saying yes to the LSP once means that a third party can determine, without the GP and patient's consent, with whom else the GP's patient record can be shared. Your digital file cabinet is open, you don't know who takes information from it, you don't know what information is seen and you don't know what happens to that information," a connected GP previously told the court.

Legal process

VPHuisartsen lost at the Central Netherlands District Court and on appeal at the Arnhem-Leeuwarden Court of Appeal. This seemed to be the end of the matter for the Association of Practice Holders, despite the fact that a number of fundamental legal questions remained unanswered. "However, the protection of professional secrecy, patient privacy and thus the question of the legality of the LSP remains the motive for VPHuisartsen to go to the Supreme Court for fundamental and professional reasons," the organisation leaves on its own website know.

Partly at the urging of VPH members and some civil society organisations such as Privacy First, the Pro Bono Connect project group of the Dutch Lawyers Committee of Human Rights, has explored the possibility of cassation. Pro Bono Connect is an organisation of lawyers who voluntarily and unpaid lend their expertise on human rights issues, serving civil society organisations. Should the Supreme Court hear the case, it could be another year and a half before a verdict is reached. At the end of March, it was announced that 10 million Dutch citizens have now given permission for their medical data to be exchanged via the LSP."

Source: https://www.security.nl/posting/473981/Huisartsen+in+cassatie+tegen+invoering+van+LSP, 10 June 2016.