Am I allowed to pass on personal data to third parties?
July 19, 2023 | 60,00 EUR | answered by Babette Krüger
Dear lawyer,
My name is Verena Mellert and I work as a physiotherapist in a practice. In my profession, I deal with personal data of my patients on a daily basis, such as treatment reports, diagnoses, and contact information. Now, I have the opportunity to work with an external service provider who could help me with the management of my patient data. However, I am unsure if I am allowed to disclose personal data to third parties without violating data protection laws.
I am concerned that by sharing sensitive information, I may potentially violate the General Data Protection Regulation (GDPR) and face legal consequences. At the same time, I also want to work more efficiently and manage my patients' data securely and professionally.
Could you please explain to me what legal framework needs to be considered when disclosing personal data to third parties? Are there specific requirements that need to be met in order to do this legally? What measures can I take to ensure that my patients' data is protected and no data breaches occur?
I thank you in advance for your support and advice.
Sincerely,
Verena Mellert
Dear Mrs. Mellert,
Thank you for your inquiry regarding data protection law in relation to the transfer of personal data to third parties. As a lawyer specializing in data protection law, I understand your concerns and will explain in detail the legal framework you need to consider in order to ensure a data protection-compliant transfer of patient data.
In the European Union, the General Data Protection Regulation (GDPR) governs the protection of personal data. According to the GDPR, personal data may only be transferred to third parties if there is a legal basis for doing so. Possible legal bases include the consent of the data subject, the performance of a contract, or the protection of legitimate interests. In the field of healthcare services, there are also specific regulations in the healthcare sector that must be observed.
Before transferring personal data to an external service provider, you should ensure that you have a valid legal basis for the data transfer. In the case of data processing under Article 28 of the GDPR, you must also enter into a data processing agreement with the service provider, specifying the exact conditions for data processing.
To ensure that your patients' data is protected and that no data breaches occur, it is important to take appropriate technical and organizational measures. This includes encrypting data, controlling access to data, providing regular training to employees on data protection, and conducting data protection impact assessments to identify and minimize potential risks associated with personal data handling.
In conclusion, I would like to emphasize the importance of addressing data protection issues in a timely and comprehensive manner to avoid any violations and safely manage your patients' data. I am available for further questions and individual consultation.
Sincerely,
Babette Krüger, Lawyer
