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by mo_42 1109 days ago
> Managed by "gematik GmbH", a company with limited liability. Because why should the entity responsible for all medical records have some liability.

I think it doesn't really matter in what form the government appears. It's still the government and so its rules apply.

1 comments

> I think it doesn't really matter in what form the government appears. It's still the government and so its rules apply.

If it's a "limited company", that means it's liability is limited to shareholder capital. It's going to have to have an awful lot of capital if it's going to be able to compensate the entire population for mishandling their data.

Also, if it's a limited company, then the shareholders can sell their shares; the company can change hands, often to owners in a different jurisdiction.

A limited company is not an arm of the government, and I can't hold a limited company accountable in the same way I can the government; especially if my personal data has left the jurisdiction.

https://www.bundesverfassungsgericht.de/SharedDocs/Entscheid...

Translation using Deepl:

Leasts on the Judgment of the First Senate of February 22, 2011 - 1 BvR 699/06 - Mixed-economy enterprises controlled by the public sector in private-law form are subject to a direct fundamental-rights obligation in the same way as wholly state-owned public enterprises organized in private-law forms.