The Infection Protection Act (IfSG), which came into force in 2001, defines notifiable diseases and suspected cases and regulates the legal measures that may be taken in the context of an epidemic.
In March and May 2020, in the course of the corona pandemic, it was supplemented by further ordinances or existing paragraphs were amended. As a result, the horizon of action of authorities and countries was concretized and supplemented. The IfSG stipulates an obligation to report illnesses, which must be done by treating physicians and to which any contact data such as the patient’s name, address and gender must be submitted. According to §16 IfSG and §25 IfSG, these data may be used by public authorities and health authorities to conduct investigations into the cause and source of infection and to take necessary measures.
Especially §5 of the IfSG plays a decisive role for the measures taken. It regulates the methodology in “epidemic emergencies of national scope” and thus stipulates that travel may be controlled and possibly restricted, but also allows easier procurement of pharmaceuticals and the strengthening of medical personnel by medical students or paramedics.
Those concerned about medical treatment must tolerate the collection of blood and saliva samples for examination, but may refuse any form of invasive intervention or curative methods.
In addition, the IfSG legitimizes the temporary restriction of some basic rights such as freedom of assembly or data protection, since the implementation of such measures is intended to guarantee the safety and health of many people.
Not only the obligation to report includes intimate information that is passed on and possibly violates medical confidentiality, but also the information given when visiting a restaurant involves personal data that may be passed on to the responsible authorities in the event of an infection. If there is an acute risk of infection, authorities can also stop events with a high number of participants until the risk of infection has decreased or effective protective measures have been taken. The restriction of certain basic rights is therefore tolerated for the benefit of the general public, but should not become a habit.
In order to better understand the chain of infection, the testing of travelers has become obligatory, which is justified due to the control of long-distance traffic (§5 IfSG) and is administered by the public health authorities. This applies to all travelers who have stayed in a risk area declared by the Robert Koch Institute (RKI) within the last 14 days. Risk areas are defined as certain regions inside and outside Germany that are particularly affected by an epidemic or pandemic, in this case COVID-19, and where there is an increased risk of infection. The RKI website lists the affected areas.
Exceptions to the obligation to test exist for persons who hold a certificate of exemption and for persons passing through who have not tarried in the respective risk area. After the test has been carried out, the persons concerned are to be placed in domestic quarantine, whereby the regulations for this are issued by the federal states themselves and therefore vary. As a general rule, quarantine may be ordered by force until a negative test result is obtained, both for single individuals and for whole groups of persons. During this quarantine period, all mail and parcels may be withheld, with the exception of court, legal and medical documents.
A professional ban on work may also be imposed on infectious persons, with compensation. On the other hand, professionals who have to care for their children up to 12 years of age due to the loss of schooling will receive a compensation for the loss of salary of 67%, with a monthly maximum amount of 2,016 euros.
In case of non-compliance with the agreed measures, fines must be expected, the amount of which varies from state to state.
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