Ensuring Data Protection Compliance in Healthcare: Navigating New Challenges and Avoiding Penalties
Introduction
Healthcare institutions in Poland continue to face significant challenges regarding data protection compliance, with fines being imposed due to improper handling of patient data. The number and severity of these penalties are expected to increase, particularly as new cybersecurity requirements come into effect. This article outlines the importance of adhering to data protection regulations, the potential consequences of non-compliance, and how external legal advisors can assist healthcare providers in navigating these challenges.
The Growing Risk of Non-Compliance
Recent reports indicate that many healthcare entities struggle with the proper implementation of the General Data Protection Regulation (GDPR) and other legal requirements. This lack of diligence can lead to significant financial and reputational damage. For example, on August 26, 2024, the President of the Personal Data Protection Office (UODO) imposed a fine of 40,000 PLN on a public healthcare facility for GDPR violations. This case is not isolated; it highlights the ongoing need for healthcare providers to comply with data protection obligations.
Learning from Recent Incidents
Financial penalties imposed by the UODO and findings from the Supreme Audit Office (NIK) reveal that many healthcare providers still fail to adequately protect patient data. Common issues include insufficient cybersecurity measures, outdated risk analyses, and a lack of staff training. The table below provides examples of recent data breaches and their associated fines:
| Incident Description | Violation | Fine |
|---|---|---|
| Cyberattack on IT infrastructure, resulting in a data breach affecting 30,000 patients and over 1,000 employees. | – Lack of necessary data protection measures. – Failure to follow internal data security guidelines. – Weak cloud platform security. | 1,440,549 PLN |
| Patient received a referral containing personal data of another individual. | – Failure to report the breach to UODO. – Failure to inform the affected individual. | 10,000 PLN |
Why Now is the Right Time for a Review
With the impending introduction of new cybersecurity requirements, now is an ideal time for healthcare institutions to review their data protection practices. Ensuring compliance can help avoid hefty fines and mitigate the risk of data breaches. Investing in proper data protection measures is far less costly than the potential penalties and damage to reputation that can result from non-compliance.
How We Can Help
Our legal team, led by Dr. Paweł Kaźmierczyk, who coordinated the adoption of the first Code of Conduct for the healthcare sector approved by the President of UODO, is ready to assist you. We offer comprehensive support, including:
- Identifying relevant legal requirements based on your healthcare institution’s specific activities.
- Reviewing and updating your existing documents, procedures, and practices to ensure compliance with legal standards and approved codes of conduct.
- Providing necessary supplements or missing materials.
- Conducting training sessions for medical and non-medical staff.
- Offering advice to Data Protection Officers (DPOs) and management.
- Assisting in securing funding from the National Recovery Plan (KPO) or other public sources.
Why Collaborate with Us?
Our Life Sciences team at Rymarz Zdort Maruta has extensive experience in supporting healthcare providers with data protection compliance. Our track record includes:
- Implementing data protection measures in Poland’s largest hospitals.
- Providing ongoing advisory services to hospital DPOs and a major medical network.
- Developing internal procedures and documentation.
- Preparing legal opinions on patient data projects.
- Leading the development and coordination of the healthcare sector’s Code of Conduct.
- Delivering numerous training sessions for both medical and non-medical staff.
How to Get Started
If you are interested in learning more about our services, we invite you to contact us. We are happy to provide an initial consultation, either in person or online, to better understand your needs and discuss how we can assist you. Our typical collaboration process begins with identifying the relevant obligations, assessing your current compliance status, and providing recommendations for necessary changes or improvements. Based on this assessment, we can offer a detailed cost estimate for further action, allowing you to decide on the next steps.
We are also available to support you in specific areas, such as conducting staff training or providing additional consultations for your DPO.
Contact Us
Michał Czarnuch
Partner | Life Sciences
michal.czarnuch@rzmlaw.com
+48 887 092 062
Paweł Kaźmierczyk
Senior Associate | Life Sciences
pawel.kazmierczyk@rzmlaw.com
+48 887 092 079
This article serves as an important reminder of the ongoing responsibilities healthcare institutions have regarding data protection and the critical need to stay compliant with evolving regulations. Working with experienced legal advisors can ensure your institution is well-prepared to meet these challenges head-on.
