Data Protection in the Healthcare Sector

In the healthcare sector, highly sensitive personal data is processed that goes far beyond general information such as names and addresses. This data includes medical findings, treatments, and genetic information that is particularly worthy of protection. The secure handling of this data is crucial in order to protect patient privacy and meet legal requirements. This information is extremely important and a data breach can have serious consequences.

Challenges in handling health data

Handling health data poses special challenges:

• Sensitivity of the data: Health data is extremely sensitive and requires special protective measures.
• Regulatory requirements: The GDPR places high demands on data protection, especially when processing sensitive personal data.
• Security risks: Inadequate protection can lead to data breaches and have serious consequences.

Health data is subject to strict legal regulations. The General Data Protection Regulation (GDPR) and national laws such as the Federal Data Protection Act (BDSG) and the Patient Data Protection Act (PDSG) set out clear requirements. Article 9 of the GDPR, for example, generally prohibits the processing of special categories of personal data unless the data subject has given their express consent or specific legal exceptions apply. In contrast, Article 6 of the GDPR permits the processing of personal data on the basis of a contract with the data subject or if the company has a legitimate interest.

Specific requirements in the healthcare sector

• Medical confidentiality: breaches of medical confidentiality can result in criminal prosecution.
• Technical and organizational measures (TOM): These include encryption, access controls and regular backups.

To comply with legal requirements, data protection officers must be appointed in the healthcare sector, data protection concepts must be developed and regular training must be carried out.

Within the medical practice, data protection includes various measures to ensure the security and confidentiality of health data. These include access protection through passwords and encrypted data transmission. Patient data must also be protected against unauthorized access. This can be ensured through access restrictions and the use of secure IT systems. Regular backups enable data to be restored in the event of data loss. The secure destruction of health data when it is no longer needed is also an important aspect of data protection within the practice.

Typical Data Protection Problems at the Reception

• Conversations at reception: One or more people can listen in on conversations
• Transmission of diagnoses: Diagnoses are transmitted unprotected at reception or unencrypted by email
• Unattended reception: Reception remains unattended, allowing unauthorized access to files and PCs
• Lack of information for patients: Patients must always be informed about the processing of their data in the practice. This is often not done (sufficiently).

Disclosure of Patient Data

Patient data may not be passed on to insurance companies or third parties without further ado. Specific requirements must be observed when passing on data. In some cases, a declaration of consent from the person concerned is required.

Protective Measures for Patient Data

Both analog data records and the stored patient data within the IT and practice software must be protected. In group practices or hospitals, only the doctors in charge may exchange patient data with each other, and only if this is necessary for the treatment.

Preparation of Data Protection Documentation

Comprehensive data protection documentation, including technical and organizational measures, Privacy Policy and, if applicable, declarations of consent, is essential for compliance with the GDPR in the healthcare sector. It includes the identification of the data to be protected, the assessment of risks, and the implementation of appropriate protective measures. An important component of data protection compliance is employee training. All employees who work with patient data must receive regular training on data protection topics.

The disclosure of patient data to health insurance companies is subject to strict data protection regulations. Patients have the right to informational self-determination. Without express consent, health insurance funds may only process the health data of their members that they need to fulfill their statutory duties.

Requirements for the transfer of data

• Legal basis: Before the data is passed on, it should be ensured that there is a legal basis for processing the data.
• Use for specific purposes: The data may only be used for the specified purpose.
• Data security: Transmission paths must be secure, for example through encryption or secure data channels.
   

Data protection is also particularly important when using digital health applications such as health apps or wearables. These applications often collect sensitive health data and must therefore comply with special data protection standards.

Telemedicine and online consultations

Telemedicine services and online consultations offer many advantages but also pose particular challenges in terms of data protection.

Advantages:

• Convenience for patients and doctors
• Faster access to medical advice
• Reduction of infection risks

Data protection challenges:

• Security risks: Digital communications can be vulnerable to cyber attacks.
• Confidentiality: Ensuring that conversations and data cannot be overheard or intercepted by unauthorized parties
• Data storage: Secure storage of digital health data to prevent unauthorized access.

With heyData, you benefit from customized solutions that are precisely tailored to the needs of the healthcare sector. Our goal is to provide you with the security you need to protect your patient data.

1. Individual advice: Tailor-made data protection solutions for your practice or company.
2. Complete support: From initial analysis to implementation and ongoing monitoring.
3. Experience and expertise: Competent lawyers with extensive knowledge and many years of experience in data protection in the healthcare sector.
4. Data protection software: Easy management and monitoring of all data protection processes.
5. Employee training: Regular training and awareness-raising measures.

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