Doctor-patient confidentiality vs. reporting obligation

When must a doctor remain silent and when must they act?

|Attorney|Czech Bar Association Reg. No. 18655

Published:6/13/2025

Medical confidentiality is one of the fundamental duties of healthcare professionals. Sensitive information about a patient's health or personal life must remain secure. Confidentiality is not limited in time – it continues even after the patient's death and even after the doctor has ceased providing healthcare services. Violation of this duty may result in disciplinary action by the Czech Medical Chamber and, under certain circumstances, criminal consequences (unauthorized handling of personal data pursuant to Section 180 of the Criminal Code).

Key takeaways

Medical confidentiality obliges doctors to keep all information about their patients confidential; breaches of confidentiality may be punished.

The Criminal Code establishes an obligation to report certain serious crimes (murder, grievous bodily harm, etc.) and to prevent crimes that are being planned.

By fulfilling their reporting or prevention obligations, doctors do not breach confidentiality – in such cases, the law automatically releases doctors from their confidentiality obligations.

Failure to comply with the reporting/prevention obligation is a criminal offense punishable by up to three years in prison.

Unauthorized disclosure of confidential information outside of legal exceptions may also have legal consequences (fines, lawsuits, prosecution).

In any doubtful situation, it is advisable to immediately assess the seriousness and, if there is reasonable suspicion of a serious crime, contact the Czech Police. If the doctor is unsure, it is advisable to consult a lawyer immediately. Preventive advice from an expert will help you act correctly and protect both the patient and yourself.

ARROWS law firm

consultation@arws.cz 245 007 740

About the author

Mgr. Dita Zbožínková, LL.M.

Associate

Czech Bar Association Reg. No. 18655

Dita Zbožínková is an attorney at ARROWS, specializing primarily in healthcare law. She provides comprehensive legal support to her clients—primarily doctors, healthcare facilities, and outpatient providers—in all phases of their activities.

zbozinkova@arws.cz 245 007 742

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Disclaimer:

The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2025. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.