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In Germany they decided to make the EPA (electronic medical record) opt-out starting by 2024. Managed by "gematik GmbH", a company with limited liability. Becau

by xaedes 3y ago

In Germany they decided to make the EPA (electronic medical record) opt-out starting by 2024. Managed by "gematik GmbH", a company with limited liability. Because why should the entity responsible for all medical records have some liability. It is a joke, a bad one. They don't even say how to opt-out.

mo_42 3y 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.
- denton-scratch 3y ago
  > 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.
  - mo_42 3y ago
    https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2011/02/rs20110222_1bvr069906.html 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.
NavinF 3y ago
> GmbH This is apparently the German equivalent to an LLC. Pretty sure you misunderstood what "limited liability" means. Pretty much all organizations today have the same legal status: https://en.m.wikipedia.org/wiki/Limited_liability https://en.m.wikipedia.org/wiki/Limited_liability
- ClumsyPilot 3y ago
  > Pretty much all organizations today have the same legal status Thats exactly the issue
  - Nifty3929 3y ago
    Limited Liability is a GREAT thing. It allows us to build businesses that serve society that we wouldn't otherwise. Would you start a company or invest in one if you could lose all your personal wealth? Few would.
    - hideo 3y ago
      You're missing GPs point. GP is not arguing to remove the concept of LLCs. GP is arguing that the entity in charge of all your medical information should not be an LLC. LLCs in general are great. This company probably shouldn't be LLC.
      - Nifty3929 3y ago
        If their lability was not limited, the company would not have been started.
        chopin 3y ago
        If the liability is so great that an LLC is necessary maybe it shouldn't be done in the first place.
        ianburrell 3y ago
LatteLazy 3y ago
FYI, all liability is limited...

by xaedes 3y ago

mo_42 3y 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.

denton-scratch 3y ago
> 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.
- mo_42 3y ago
  https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2011/02/rs20110222_1bvr069906.html 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.

NavinF 3y ago

> GmbH This is apparently the German equivalent to an LLC. Pretty sure you misunderstood what "limited liability" means. Pretty much all organizations today have the same legal status: https://en.m.wikipedia.org/wiki/Limited_liability https://en.m.wikipedia.org/wiki/Limited_liability

ClumsyPilot 3y ago
> Pretty much all organizations today have the same legal status Thats exactly the issue
- Nifty3929 3y ago
  Limited Liability is a GREAT thing. It allows us to build businesses that serve society that we wouldn't otherwise. Would you start a company or invest in one if you could lose all your personal wealth? Few would.
  - hideo 3y ago
    You're missing GPs point. GP is not arguing to remove the concept of LLCs. GP is arguing that the entity in charge of all your medical information should not be an LLC. LLCs in general are great. This company probably shouldn't be LLC.
    - Nifty3929 3y ago
      If their lability was not limited, the company would not have been started.
      - chopin 3y ago
        If the liability is so great that an LLC is necessary maybe it shouldn't be done in the first place.
        ianburrell 3y ago

LatteLazy 3y ago

FYI, all liability is limited...