Patient Data a Ticking Bomb? On Processing Sensitive Data in Practice (GDPR)
A psychologist's work is based on confidentiality. In the digital age, "professional secrecy" also means complicated IT processes. Psychologists operate in the sphere of special category data (Art. 9 GDPR). How to manage them safely? Incorrect data processing can cost you not only high financial penalties but, most importantly, loss of patient trust and the ability to practice.
What is special category data?
This is information about health status, addictions, sexual life. They require stronger safeguards than a regular email or phone number.
According to Art. 9 GDPR, special category data is personal data revealing:
- Racial or ethnic origin
- Political opinions
- Religious or philosophical beliefs
- Trade union membership
- Biometric data
- Genetic data
- Data concerning health
- Data concerning sex life or sexual orientation
As a psychologist, you primarily process data concerning mental health, which is special category data. This means you must apply the highest standards of security and GDPR compliance.
Why does it matter?
Violation of GDPR regulations can result in a financial penalty of up to 20 million euros or 4% of annual company turnover. In the case of a psychological practice, this is not only a financial penalty but also loss of patient trust and the possibility of losing a professional license.
Moreover, a leak of sensitive data can expose patients to serious consequences – from discrimination to problems in personal and professional life.
Secure technical foundation
You cannot store patient data on just any server. Choosing appropriate hosting and monitoring is the foundation of data security.
GDPR-compliant hosting
Hosting must be GDPR-compliant. This means:
- Servers must be located within the European Union
- Provider must have appropriate security certificates
- It must be possible to sign a data processing agreement
- Provider must provide regular backups
- Data encryption (SSL/TLS) must be in place
Choosing appropriate hosting is not only a matter of speed but, most importantly, the security of your patients' data.
Choose GDPR-compliant hosting that will ensure patient data security
LH.plThreat monitoring
Cybercrime evolves. It's worth having a technology partner who monitors the stability of your services and responds to potential failures or attack attempts before they become a problem.
Professional monitoring includes:
- Continuous monitoring of website and system availability
- Detection of intrusion attempts and DDoS attacks
- Security monitoring and vulnerability detection
- Real-time response to failures
- Regular security status reports
Monitoring is not a luxury but a necessity in an industry where you process sensitive data. Early problem detection can protect you from serious consequences.
Ensure continuous monitoring and protection of your services
Czujowski.pl offers professional monitoring and technical support that protects your systems from attacks and failures, ensuring patient data security.
Check Czujowski.pl offerData Processing Agreements
You must have signed agreements with everyone to whom you "show" data. This is a GDPR requirement that cannot be ignored.
A Data Processing Agreement (DPA) is a document that specifies the conditions under which an external entity can process personal data on your behalf.
Who do you need an agreement with?
With an accounting office – if accounting has access to patient data (e.g., invoices with names).
With a hosting company – the hosting provider technically processes data (stores files, databases).
With practice software provider – booking system, CRM, medical documentation systems.
With IT company/administrator – if someone manages your systems.
With marketing company – if they have access to patient contact data.
What must the agreement contain?
Subject of processing (what data, to what extent)
Purpose of processing
Processing period
Processor obligations (security, confidentiality)
Controller rights (control, audit)
Procedure in case of data breach
Where to find agreement templates?
Most professional companies (hosting, software) have ready-made processing agreements. If not, you can use templates available on DPA (Data Protection Authority) websites or consult with a lawyer specializing in GDPR.
Remember: the agreement must be in writing (can be electronic) and signed before data processing begins.
Privacy Policy
The patient must know what happens to their data. A clear privacy policy on the website is an obligation under Art. 13 and 14 GDPR.
The privacy policy should contain:
- Who is the data controller (your contact information)
- What data you collect and for what purpose
- Legal basis for processing
- Who you share data with (processors)
- How long you store data
- Patient rights (access, rectification, erasure, restriction, objection)
- Right to lodge a complaint with DPA
- Information about cookies (if you use them)
The privacy policy must be written in language understandable to the patient, not legal jargon. It should be easily accessible on the website (link in footer, on contact page).
How to create a privacy policy?
You can use online generators, but it's better to consult with a lawyer or company specializing in GDPR. The policy must be tailored to your specific situation.
If you use consulting services, they can help not only in business but also in arranging processes to be transparent and compliant with the law.
Need support in arranging GDPR-compliant processes?
Consaldi.pl offers business consulting that will help you not only in practice development but also in arranging data processing processes to be transparent and compliant with the law.
Check Consaldi.pl offerPractical steps to GDPR compliance
Step 1: Data audit
Review all data you process. Where is it stored? Who has access? What are the processing purposes?
Step 2: Documentation
Prepare required documents: processing activity register, privacy policy, processing agreements.
Step 3: Technical security
Ensure appropriate hosting, encryption, backups, monitoring.
Step 4: Training
Make sure you and your collaborators (if you have any) know how to safely process data.
Step 5: Regular reviews
GDPR is not a one-time action but a continuous process. Regularly review your procedures and update documentation.
Summary
Managing sensitive data in a psychological practice is a serious responsibility. Incorrect processing can cost you not only high penalties but, most importantly, loss of patient trust.
Remember:
- Special category data requires the highest security standards
- Hosting and monitoring are the foundation of technical security
- Processing agreements are an obligation, not an option
- Privacy policy must be clear and accessible
- GDPR compliance is a continuous process, not a one-time action
If you have doubts, consult with an experienced specialist. It's better to pay for professional help at the beginning than to fix costly mistakes and pay penalties later.
Need help with GDPR compliance?
Consult your procedures with an experienced specialist. Book a free consultation.