Doctor reviews on internet portal permissible under data protection law?

The Higher Regional Court (OLG) Frankfurt a.M. was to decide on the appeal of a female doctor who had not been able to achieve the deletion of a negative review on an internet rating portal for doctors in the first instance.

A practising female doctor had sued an internet portal that offers internet users the opportunity to rate doctors anonymously. The doctor demanded from the internet portal operator the deletion of all published data as well as an injunction against future entries. The portal operator refused to do so and was upheld before the Regional Court (LG) Frankfurt a.M.

Court decision

The Higher Regional Court (OLG) Frankfurt a.M. decided by way of Urteil vom 08.03.2012 – Az. 16 U 125/11 that rating portals on the internet for doctors are permissible in principle.

While these reviews did constitute an interference with the right to informational self-determination for the healthcare professionals, in weighing this against freedom of expression, the balance came down in favour of the portal operator. The right of patients to free choice of doctor and the competition existing between this professional group necessitated that the possibility of ratings on the internet must also be permitted in this professional sector.

The fact that the review was submitted anonymously did not change this assessment, as a requirement to sign opinions by name, out of fear of reprisals, could lead to self-censorship by internet users, which would be incompatible with the fundamental right to freedom of expression.

Conclusion

Doctors may be rated on the internet. Every patient is free to rate their doctors positively or negatively on internet rating portals following treatment. However, limits are exceeded where a doctor is exposed to insults and/or falsehoods.