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What is Included in Data Protection in a Medical Practice?

Short answer

More than just a privacy policy: a record of processing activities, contracts with all service providers with data access, a roles and rights concept, access logging, a deletion concept, and the obligation of all parties to confidentiality. Under certain conditions, a data protection officer is also required.

The Basics

Record of Processing Activities. What data is processed for what purpose, for how long, and who has access.

Data Processing Agreements. With every service provider that has access – software, IT support, billing office, document destruction.

Additionally § 203 StGB. Service providers must be separately obligated to confidentiality. A data protection agreement alone is not sufficient for this.

Roles and Rights. Reception does not need the same access as the treating staff.

Access Logging. Who has opened which file.

What is Often Missing in Daily Practice

  • Screen Lock at reception when absent
  • Privacy Screens so that waiting patients cannot see monitors
  • Discretion Distance and conversation management at the counter
  • Obligation of New Employees, documented
  • Regulation for Personal Devices

These points are free and are regularly criticized in audits.

Data Protection Officer

There is an obligation to appoint one if extensive processing of special categories of data is part of the core activities, or from a certain number of persons constantly engaged in processing. Whether a practice is affected depends on the individual case.

In Case of a Data Breach

Notification to the supervisory authority usually within 72 hours. In the case of health data, a high risk is often assumed – then the affected individuals must also be informed.

This text does not replace legal advice.

Key facts

Two Regulations
GDPR and § 203 StGB
Frequently Criticized
Screen lock, privacy screens, obligations
In Case of Data Breach
Usually 72 hours notification period

Sources

All external claims are backed by traceable sources.
  1. 01
    Strafgesetzbuch (StGB) Bundesministerium der Justiz

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