What is Aktenstudium in Abwesenheit?

What it means

Aktenstudium in Abwesenheit literally translates as "file study in [the doctor's] absence." It refers to your right to review your medical record independently — without being required to do so in a formal consultation with the treating physician supervising the review.

Historically, some healthcare providers took the position that patients could only access their records in the presence of a doctor who could "interpret" the file. This practice is no longer legally tenable under Swiss law (DSG and cantonal health laws). You are entitled to your records, and you can read them without a doctor standing over your shoulder.

Why you might want to use this right

There are several reasons to request your file independently:

• Seeking a second opinion: You want to share your complete medical history with another doctor without going through the official referral channel.
• Checking for accuracy: You want to verify that what is in your file matches your recollection and that there are no errors.
• Changing GP: You want a complete summary to give to your new practice.
• Legal or insurance disputes: You need your records as documentation for an insurance claim, a disability assessment, or a legal proceeding.
• Personal knowledge: You simply want to know what is in your own file.

How to exercise this right

1. Make a written request to the practice or hospital's patient records department. State clearly that you are requesting copies of your complete medical records for independent review (Aktenstudium).
2. Specify the scope — all records, or records from a specific period or specific type (lab results, imaging reports, consultation notes).
3. Provide proof of identity — a copy of your ID or passport. The practice must verify you are requesting your own records.
4. Pay the administrative fee if applicable — typically CHF 20–60 for copying.
5. Receive your records — by post, secure digital delivery, or in person at the practice.

What the practice can and cannot do

The practice must:

• Respond within 30 days (DSG access timeline)
• Provide copies of all records in scope
• Not require you to have a consultation as a condition of access

The practice may:

• Charge a reasonable administrative fee for copying
• Redact information about third parties (e.g. if your file contains notes about family members)
• In rare, exceptional cases, withhold specific information if providing it would cause serious harm to your health — but this must be individually documented and justified

The practice cannot:

• Refuse access without legal justification
• Require you to pay for a consultation just to see your records
• Charge excessive fees
• Delay beyond the 30-day window without explanation

If access is refused

If a practice refuses your access request or does not respond, you can:

• Request a written explanation of the refusal
• Contact the cantonal health authority (Kantonales Gesundheitsamt) for your canton
• File a complaint with the Federal Data Protection and Information Commissioner (FDPIC / EDÖB) at edoeb.admin.ch
• Seek legal advice if the refusal causes you harm

In practice, refusals are uncommon. Most Swiss healthcare providers are familiar with this right and process requests routinely.