Questione giuridica chiave
Whether the transfer of the insured's file to Dr B________ was unlawful under data protection law
Decisione estratta
The transfer was lawful because the medical adviser may use a specialist as an auxiliary, and a formal legal basis existed in the health insurance legislation.
Motivazione estratta
The adviser may transmit the necessary data to a specialist to obtain an informed medical opinion. The formal legal basis is Art. 84 LAMal, read with Art. 57 LAMal and the data protection rules. Consent or prior information was not required in the general case.