JAR-FCL 3.120
(a) Information to be provided. The applicant for or holder of a medical certificate shall produce proof of identification and sign and provide to the AME a declaration of medical facts concerning personal, family and hereditary history.
How is the "obligation" to give out family and hereditary history practised? I am aware of the form to be filled out by the applicant, but I don't understand how it's justified to ask the applicant those questions - not from a medical point of view but from a legal.
The rulemakers have in all JAA countries I know of decided that medical confidentiality is applied. I understand that the applicant for a medical certificate need to give out information, concerning the applicant hiimself, that is otherwise under confidenciality. It is a completely different story if the applicant is "obliged" to give out confidencial information concerning someone else. The applicant can decide that he accepts the fact to give out confidential information about himself,
but he can normally not decide to give out confidential information concerning someone else.
Can an applicant for a medical certificate be denied on grounds that he does not give out confidencial information concerning someone else? What about a suspision of a "family and hereditary history", is the applicant expected to make a research?