What are the consequences of violations of data protection law?
October 23, 2023 | 50,00 EUR | answered by Irmgard Helbig
Dear Data Protection Lawyer,
I have recently discovered that sensitive patient data in my medical practice is inadequately protected. There are no clear guidelines for data security and data is being stored on insecure servers. Additionally, I suspect that employees may have unauthorized access to patient data.
I am very concerned about the potential consequences that violations of data protection law could have in my case. What legal consequences could I face as the owner of the medical practice in the event of data protection breaches? Could I expect fines or other penalties?
Furthermore, I would like to know how I can address the current security gaps in my practice to comply with the requirements of data protection law. What measures do I need to take to ensure the security of patient data and prevent violations of data protection law?
I thank you in advance for your support and advice on this matter.
Yours sincerely,
Franceska Knorr
Dear Mrs. Knorr,
Thank you for your inquiry regarding the inadequate data security in your medical practice. As a lawyer specializing in data protection law, I can understand your concerns and would like to help you understand the legal consequences of data breaches and recommend suitable measures to address the security gaps in your practice.
First and foremost, it is important to know that violations of data protection law, especially regarding sensitive patient data, can have serious consequences. According to the General Data Protection Regulation (GDPR), fines of up to €20 million or 4% of the worldwide annual turnover can be imposed for violations, whichever amount is higher. Additionally, affected individuals can also claim damages.
As the owner of the medical practice, you are responsible for data security and must ensure that appropriate technical and organizational measures are taken to ensure the security of patient data. This includes encryption of data, regular review of IT systems and processes, training of employees in handling sensitive data, and the creation of a data protection concept.
To address the current security gaps in your practice, I recommend conducting a data protection impact assessment to identify risks in data processing and take suitable measures to minimize these risks. Additionally, you should create a data protection policy outlining the rules for handling patient data, and ensure that all employees are aware of and adhere to this policy.
It is advisable to also consult with a data protection officer to receive comprehensive advice and support in implementing data protection requirements.
I hope that my explanations are helpful to you and I am available for further questions and support.
Kind regards,
Irmgard Helbig
Lawyer specializing in data protection law
