LBA medical data release due to privacy laws
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LBA medical data release due to privacy laws
Is there really no way around the data protection issues which prevent holders of German issued EASA licences from changing the state of issue? Is it really under discussion? Might it change?
Anyone know?
Anyone know?
Not necessarily true. I have a colleague who gained his EASA Class 1 medical at Gatwick prior to beginning CPL training. He then decided to train in the Republic of Ireland and as per the rules it was required that his medical be issued by the same state as his licence issuer, so the IAA. He approached the IAA asking if he could transfer his UK CAA issued EASA Class 1 to an IAA EASA Class 1. However the IAA declined and made him do another Class 1 Initial in Dublin. This was in 2012.
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Is there really no way around the data protection issues which prevent holders of German issued EASA licences from changing the state of issue? Is it really under discussion? Might it change?
Anyone know?
Anyone know?
Join Date: Feb 2012
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Actually,
The medical files are your personal files and if you demand to get the files, they are obliged, just like other medical files in Germany, to give them to you.
You can then go with these documents to another EASA state.
The medical files are your personal files and if you demand to get the files, they are obliged, just like other medical files in Germany, to give them to you.
You can then go with these documents to another EASA state.
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At first, Hello to everyone! I'm new here (nevertheless I've been a silent reader over years).
The problem with the transfer of the german medical is that all the loopholes of the past are not working anymore.
It was possible to get a second "initial" medical, but that's history since EU-FCL is in force.
It was also possible to pick up all your medical files, with the expensive translations to hand them over to the CAA. But that's not possible anymore. The CAA UK want the files from the national CAA responsible for your license, not from you personally. I contacted the CAA UK and asked that already.
They answered: "As long as in the verification box of the SOLI-Form "unknown" is written (what means that the LBA is not able to provide older files) the transfer will be refused"
So is there a solution?
Maybe!
With the 15th revision of the Luftverkehrsgesetz" the LBA should build a system to provide the data necessary for the transfer. But the older files are not available anymore, because they have been sent anonymized. That it's why older records before 2016 could not be sent.
The solution could be:
a) pick up all medical files from the past, especially the files from the initial medical.
b) advise your AME to hand these files over to the LBA in the new format, that is now required for their data process (I've heard they had a system change)
c) make sure that the LBA Department L5 fills out the SOLI -Form correctly.
d) if they still refuse to fill it out as required, there may be a chance to start a case.
Because: 1. They have to provide these data to other CAAs and 2. They have the data available, you brought them.
That could be a way. I will sort that out in the next few months.
The problem with the transfer of the german medical is that all the loopholes of the past are not working anymore.
It was possible to get a second "initial" medical, but that's history since EU-FCL is in force.
It was also possible to pick up all your medical files, with the expensive translations to hand them over to the CAA. But that's not possible anymore. The CAA UK want the files from the national CAA responsible for your license, not from you personally. I contacted the CAA UK and asked that already.
They answered: "As long as in the verification box of the SOLI-Form "unknown" is written (what means that the LBA is not able to provide older files) the transfer will be refused"
So is there a solution?
Maybe!
With the 15th revision of the Luftverkehrsgesetz" the LBA should build a system to provide the data necessary for the transfer. But the older files are not available anymore, because they have been sent anonymized. That it's why older records before 2016 could not be sent.
The solution could be:
a) pick up all medical files from the past, especially the files from the initial medical.
b) advise your AME to hand these files over to the LBA in the new format, that is now required for their data process (I've heard they had a system change)
c) make sure that the LBA Department L5 fills out the SOLI -Form correctly.
d) if they still refuse to fill it out as required, there may be a chance to start a case.
Because: 1. They have to provide these data to other CAAs and 2. They have the data available, you brought them.
That could be a way. I will sort that out in the next few months.
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Thing is, the LBA doesn't have those files anyway, as they are anonymised. Which is the real issue. Even if they wanted to, they cannot release that data to anyone. From 2016 that changed and they have a medical history since then as far as i know.
