ARTICLE
5 November 2018

Just What The Data Protection Commission Ordered – Portuguese Hospital Fined €400,000 For Data Protection Breaches

RL
RDJ LLP

Contributor

At RDJ, we combine legal insight and human intelligence to deliver long-lasting business impact. As one of Ireland’s leading corporate law firms, we’re as ambitious for your business as you are. With offices in Cork, Dublin, Galway and London, we represent clients from scaling and established Irish companies to multinationals, financial institutions and global insurance companies with unique cross-sectoral expertise. We build meaningful relationships with clients and counsel to deliver tangible value for more sustainable businesses, becoming our client’s most trusted advisors and the number one employer of choice for legal talent in Ireland. And, by investing in the progress of our people and harnessing new technologies, we power agile decision-making that adds long-term value every step of the way. Legal Insights. Human Intelligence. Business Impact
Earlier this year we reported on the Irish Data Protection Commission's (the "DPC") investigation into the hospitals sector.
Ireland Privacy
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Earlier this year we reported on the Irish Data Protection Commission's (the "DPC") investigation into the hospitals sector. In the course of the investigation the DPC physically inspected twenty hospitals across the country and prepared a comprehensive report (the "Report") identifying fourteen areas of concern ranging from controls in medical records libraries and security to consent for research and data retention. The Report set out over seventy recommendations, including:

  1. restriction of staff access to medical records libraries to those who have a current need therefor and routinely report on staff access thereto as well as general swipe card access throughout the campus to ensure no unauthorised access;
  2. prohibition from accessing or editing, via other users' accounts, the records of personal data on hospital computer systems;
  3. where patient data held on patient information systems is accessible to other hospital facilities in the same geographical region, informing patients accordingly by means of patient information leaflets given to each patient and the legal basis for such data sharing being clarified; and
  4. where hospitals need to share personal or sensitive personal data with other hospital facilities during the course of a patient's care or treatment, making the patients concerned aware of the necessity for such data sharing and giving them the opportunity to consent to it.

At the start of this week, it was reported that the Portuguese Data Protection Authority (Comissão Nacional de Proteção de Dados) imposed a €400,000 fine on the Barreiro Hospital.

The reported breaches which resulted in the imposition of this significant fine were:

  • access to patients' medical records by non-medical professionals;
  • a large discrepancy between the number of active users with a "doctor" profile and the actual number of doctors working in the hospital; and
  • failure to segregate Barreiro Hospital patient data from archived data of other hospitals.

The resemblance between the concerns identified in the Report and the data protection breaches which gave rise to the imposition of a significant fine by the Portuguese Data Protection Authority is striking. While the full impact of the General Data Protection Regulation is yet to be seen, the message from European data protection authorities five months on is clear – identify data processing security risks, enhance data protection compliance and raise awareness among staff of individuals' data protection rights.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
5 November 2018

Just What The Data Protection Commission Ordered – Portuguese Hospital Fined €400,000 For Data Protection Breaches

Ireland Privacy

Contributor

At RDJ, we combine legal insight and human intelligence to deliver long-lasting business impact. As one of Ireland’s leading corporate law firms, we’re as ambitious for your business as you are. With offices in Cork, Dublin, Galway and London, we represent clients from scaling and established Irish companies to multinationals, financial institutions and global insurance companies with unique cross-sectoral expertise. We build meaningful relationships with clients and counsel to deliver tangible value for more sustainable businesses, becoming our client’s most trusted advisors and the number one employer of choice for legal talent in Ireland. And, by investing in the progress of our people and harnessing new technologies, we power agile decision-making that adds long-term value every step of the way. Legal Insights. Human Intelligence. Business Impact
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