[Legalization of medicine]

The regulation concerning discretionary treatment (Paragraph 110, Penal Statute Book) and the privileged status of the physician according to Paragraph 88, Section 2, Number 2 of the Penal Statute Book is taken as a basis, in addition to an examination of the obligation of the physician to provide information on the one hand, and on the other the Personal Data Protection Law, and it is demonstrated that legal regulations are necessary. They do not always lead to a "legalification of medicine" because legislation considers the inherent dangers of the profession. However, hastily determined regulations such as the Personal Data Protection Law provide no solution and confuse and burden the physician.