AI documentation in the Austrian practice: Physicians Act, recording and GDPR
An Austrian practice may use AI for documentation. With a local model everything stays on the practice computer, and consent to the recording is enough. If the transcript text goes to an AI provider in the EU, the practice also needs the patient's release from medical confidentiality, because the processor exception in § 54 of the Physicians Act covers only fee and medication invoicing.
Reviewed editorially against the cited primary sources; not individual medical or legal advice.
Legal position as of 25 September 2026, read in the Austrian Legal Information System (RIS). This overview is general information, not legal advice. KiPT Voice is currently available to practices in Germany.
Two routes: a local model or an AI provider in the EU
AI documentation produces three kinds of data: the audio recording, the transcript and the draft note. Under Austrian law what matters is whether any of it leaves the practice.
If the language model runs locally, everything stays on the practice computer. If only the transcript text goes to an AI provider in the EU, that provider becomes a , and medical confidentiality requires a release.
| Question | Local model | AI provider in the EU |
|---|---|---|
| Recording the conversation | Consent before recording | Consent before recording |
| Does text leave the practice? | No | Yes, only the transcript text |
| Confidentiality (§ 54 Physicians Act) | Not engaged | Release by the patient |
| Contract with the provider | Not needed | Processing contract under Art. 28 GDPR |
| Encryption | Protect storage on the computer | Required by Art. 32 GDPR, cannot be replaced by consent |
Read in the RIS and in EUR-Lex.
Confidentiality: § 54 of the Physicians Act
§ 54(1) of the Physicians Act obliges physicians and their to keep confidential everything entrusted to or learned by them in their profession. The duty lapses if the protected person the physician (§ 54(2) no. 3).
§ 121 of the Criminal Code makes breaching professional secrets in the health professions a crime. It has no exception for processors.
Recording: § 120 of the Criminal Code and the right to one's own words
§ 120(1) of the Criminal Code punishes using a recording device to capture a non-public statement not meant for the person recording. Paragraph 2 punishes making a recording available to a third party, or publishing it, without the speaker's consent.
Under civil law, secretly recording a one-to-one conversation is unlawful; the Supreme Court derives this from the right to one's own words under § 16 ABGB ( RS0031784). Transcripts of secret recordings are protected in the same way (RS0127498). Recorded openly and with consent, the question does not arise.
Documentation and the 2026 amendment to the Physicians Act
§ 51 of the Physicians Act requires documenting every treatment and keeping the records for at least ten years. A draft the physician reviews and adopts becomes part of that record; the AI provider keeps nothing.
The 2026 amendment to the Physicians Act () has largely been in force since 30 July 2026. It contains nothing on AI or processors and does not change § 54.
- § 51(1): the first copy of the record is free for patients.
- § 49(2): telemedicine stands alongside personal and direct practice.
- § 49(7) and (8): the duty to store data in ELGA, the national health record, applies expressly under the Physicians Act as well.
How a practice sets up the route through an EU provider
These steps document the route through an AI provider in the EU cleanly. A practice that does not want it chooses the local model and needs only the first step.
Frequently asked questions
May I record the conversation with patients?
Openly and with consent, yes. Secret recordings are unlawful under Supreme Court case law, and anyone who passes on a recording without consent commits an offence under § 120(2) of the Criminal Code.
Is a processing agreement with the AI provider needed?
Yes, as soon as the provider processes transcript text (Art. 28 GDPR). Because of § 54 of the Physicians Act the contract alone is not enough: the patient's release is needed as well.
How long must the records be kept?
At least ten years under § 51(3) of the Physicians Act. This applies to the reviewed note in the practice's own record, not to data at the AI provider.
What does the 2026 amendment to the Physicians Act change?
Among other things it makes the first copy of the record free, places telemedicine alongside personal practice and clarifies the duty to store data in ELGA. It contains nothing on AI or processors.