Is processing patient data as a data processor enough to send shivers down your spine?

5 Step-Recovery-Plan for Data Processors in Healthcare Industry??

In the age of GDPR, handling sensitive information, such as patient data, can often feel like navigating a legal labyrinth.? Questions regarding the adequacy of legal bases for processing patient data, along with the measures in place for GDPR compliance, may keep you up at night!?

Let's unravel the mystery behind GDPR compliance in 5 easy steps and explore whether managing patient data truly merits genuine concern.?

STEP 1: Understanding your Roles and Responsibilities?

When navigating your role as a data processor under GDPR, clarity is key. It's important to understand and own what you are required to do. As a data processor, you are responsible for handling personal data on behalf of the data controller, such as pharmaceutical companies, healthcare providers, or any organization dealing with patient data. Thus, you must act under the strict instructions of the data controller, and your role is limited to that of a data processor. Data processing should be limited to the specified purposes outlined in the data processing agreement.??

Going off-script during processing activities is strictly forbidden!?

STEP 2: Finding Your Legal Basis in GDPR?

Before diving into the sea of patient data, ensure that the data controller established the lawful basis for processing patient data. This may include consent, contract performance, legal obligations, vital interests, public tasks, or legitimate interests. Just as the data controller needs a valid legal basis for processing data, you as a data processor must also have a legal basis for handling entrusted data.? In your case, the basis for processing personal data would usually be the performance of the contract for products and services provided to the data controller.?

STEP 3: Understanding Categories of Data?

Nailing down data categories from the get-go is key. When handling patient data, ambiguity is a no-go. The data processing agreement must thoroughly and distinctly outline the data categories. The controller should detail them with precision to match the accuracy of the data.?

Under GDPR, health data is classified as a special category. Therefore, when collecting patient information, you are entering this special zone. This refers to personal information about an individual's physical or mental health including:?

• Details such as injury, illness, disability, or disease susceptibility are included in medical history, diagnoses, and interventions.?
• Health data encompasses information from medical examinations, test outcomes, and data from medical and fitness devices.?
• Information from health service registration, appointments, reminders, and invoices provides insights into an individual's health.?
• Unique and non-disclosive identifiers linked to health status are crucial.?
• Health data encompasses past, present, and anticipated health conditions, providing comprehensive insights.?

The GDPR prohibits the processing of special category data, except for ten exceptions known as 'conditions for processing special category data.' Just remember, as a data processor, it's the controller's job to collect that data by the book.?

STEP 4: Seal the Deal: Agreeing to the Data Processing Agreement (DPA)!?

Crafting a comprehensive DPA with the data controller is crucial. This written agreement should cover all the requirements mandated by Article 28 of the GDPR. It is important to delve into critical details such as data categories, processing duration, nature and purpose, data subject categories, and both parties' obligations and right. Don't skimp on confidentiality, security, and breach notification provisions either, as they are integral to the GDPR game plan!?

STEP 5: Must-Haves for Your GDPR-Compliant Data Processing?

Ensuring that your processing activities comply with GDPR regulations is a must. Let's break it down:???

1. Data Minimization: Less is more! Assess and justify the minimum amount of special category data required.? Discuss with the data controller to determine essential data points.? Collect only relevant information, minimizing non-essential data. Avoid gathering excessive or irrelevant data, focusing on information directly contributing to the processing purpose.? ?

1. Security measures:??? It is important to implement strong security measures, especially when dealing with special category data. Consider obtaining an ISO 27001 certification to demonstrate your commitment to security and privacy.? ?

1. Transparency: The data controller should ensure that privacy notices are clear, especially when handling special category data. It is important to be transparent and spell out all details for everyone to understand.? ?

1. Rights related to automated decision-making: Fairness is key! If automated decisions using patient data could significantly impact individuals, the data controller must obtain explicit consent or have a solid public interest reason before proceeding.? ?

1. Data Protection Officer (DPO) or Privacy Officer (PO): If the main activities include extensive processing of special category data, both the data processor and data controller need their own DPO or POto keep things afloat.? ?

1. EU representative: If the data controller operates outside of the EU but serves or monitors individuals within EU member states and handles large volumes of special category data, they must appoint a representative within the EU.?

?Conclusion?

At the onset of patient data management, it's vital to establish mutual understanding with the data controller regarding processing purposes and responsibilities for handling personal data on both ends.?This ensures careful and fair handling of patient data, promotes transparent communication between the data controller and data processor, and ultimately safeguards individuals' rights.???

Let's imagine a future where data privacy is not just a requirement, but also a fundamental pillar of trust in the digital domain.?

?

Compleye has developed a GDPR service package - also available for the (UK) GDPR, to support you with the implementation. In 3 days, we will work and train you, provide all mandatory documentation and together we define the security measures that are appropriate for the stage and phase of your company, with the end-result a GDPR Statement. The statement is like a small whitepaper to share with (potential) customers to build trust.? ? GDPR is a great first step to take as a business before implementing a complete Information Security Management System (ISMS) – like the ISO27001.? Because only if you hold already an ISO27001 certificate it is possible to implement and get certified for the ISO27701 standard. Because you can only protect the privacy of your customers if you have a security system in place! More info on ISO27001 Services.????

?