Controversy Over Proposed Data-Sharing Reforms in North Rhine-Westphalia's Mental Health Law
netzpolitik.org
- North Rhine-Westphalia (NRW) is planning to revise its mental health law (PsychKG), sparking concerns over increased data sharing regarding involuntarily committed patients.
- The proposed law requires clinics to notify the police upon the discharge of patients committed for posing a danger to others, and would also share information with immigration authorities.
- Medical associations and civil society groups warn that these measures violate medical confidentiality and undermine the role of hospitals as safe spaces for treatment.
Key Issues and Criticisms
- Expansion of Police Oversight: Critics argue the law grants police excessive influence over clinical data, reinforcing the false narrative that the mentally ill are inherently dangerous violent offenders.
- Facilitating Deportations: By providing immigration authorities with constant updates on the location of asylum seekers in treatment, the bill is seen as a tool to facilitate deportations directly from hospitals.
- Breach of Medical Ethics: The IPPNW and other experts argue that doctors must not be involved in deportation efforts, as it violates their duty of care and may lead vulnerable individuals to avoid necessary medical treatment.
Expert and Institutional Stance
- Freie Wohlfahrtspflege NRW: Stated that psychiatric commitment is not a criminal measure and should not be treated as a public safety issue.
- DGPPN (German Association for Psychiatry, Psychotherapy and Psychosomatics): Asserted that patients with severe mental illness or in crisis situations should not be subject to deportation from hospitals.
- Deutscher Ärztetag: The German Medical Association has formally called for a nationwide ban on deporting refugees from inpatient or other medical facilities, noting that such protections currently exist only in some states like Thuringia.