Am I allowed to disclose personal data to third parties?
June 25, 2023 | 50,00 EUR | answered by Irmgard Helbig
Dear Data Protection Lawyer,
My name is Uwe Büchner and I work in a medical facility where sensitive personal data of patients is processed on a daily basis. Lately, there have been an increasing number of inquiries from external companies who are interested in our data. These companies offer various services that could facilitate our work, but I am unsure about whether and to what extent I am allowed to disclose personal data to third parties.
The current situation is causing me concern, as I not only want to comply with legal requirements but also want to ensure the privacy and protection of our patients' data. Therefore, I would like to know what legal framework exists that allows or prohibits the disclosure of personal data to third parties. Are there specific requirements that must be met for disclosure to be legally permissible? What risks and consequences could we face if we disclose data unauthorized?
Please provide me with a comprehensive and understandable assessment of this issue and suggest possible solutions to ensure that we are acting in compliance with data protection laws. Thank you in advance for your assistance.
Sincerely,
Uwe Büchner
Dear Mr. Büchner,
Thank you for your inquiry regarding the transfer of personal data to third parties in your medical facility. As a data protection lawyer, I can completely understand your concerns regarding data protection regulations and the protection of your patients' privacy. It is important that you keep an eye on the legal requirements and ensure that your patients' data is adequately protected.
In general, the transfer of personal data to third parties is strictly regulated under data protection law. According to the General Data Protection Regulation (GDPR), such transfer must be based on a legal basis. This legal basis could, for example, be the consent of the data subject or the necessity of data transfer for the performance of a contract.
It is important that before transferring personal data to external companies, you verify whether these companies act as data processors under data protection law. In this case, you must enter into contracts with the companies for data processing, in which the data protection obligations and measures are defined.
Furthermore, you must ensure that your patients' data is adequately protected, both during transmission to third parties and during processing by these third parties. It is important that you make sure that the companies take appropriate technical and organizational measures to protect the data.
In the event of unauthorized disclosure of data, your company may face legal consequences, including fines under the GDPR. Therefore, it is crucial that you comply with data protection regulations and ensure that your patients' data is not misused.
To ensure that you are acting in compliance with data protection laws, I recommend conducting a data protection impact assessment, analyzing the risks of data transfer, and developing measures to minimize risks. Additionally, you should provide regular training on data protection for your employees to raise awareness of data protection.
I hope that my assessment of this issue has been helpful to you. If you have any further questions or need assistance, please feel free to contact me.
Best regards,
Irmgard Helbig
Data Protection Lawyer
