WhatisGDPR?Howisitapplicableon Indianhospitals?
What is GDPR? How is it applicable on Indian hospitals?
The General Data Protection Regulation (GDPR) is a regulation created by the European Union (EU) to protect the personal data of EU citizens. The GDPR came into effect on May 25, 2018, and applies to any organization that collects, stores, or processes personal data of EU citizens. While the regulation is specific to EU citizens, it has global implications, and organizations worldwide must comply with the regulation if they collect or process personal data of EU citizens.
GDPR has created a paradigm shift in the way organizations collect, store, and process personal data. It has made it mandatory for organizations to be transparent about the data they collect, obtain explicit consent from the data subjects, and secure the data to prevent any unauthorized access or misuse. Organizations that fail to comply with GDPR can face severe penalties, including fines of up to 4% of their annual global revenue or €20 million (whichever is higher).
Indian hospitals, like any other organization worldwide, must comply with GDPR if they collect or process personal data of EU citizens. This means that Indian hospitals that have patients from the EU must ensure that they comply with GDPR requirements. GDPR applies to any organization that offers goods or services to EU citizens, regardless of the location of the organization. Therefore, Indian hospitals that provide medical treatment to EU citizens must comply with GDPR.
Personal data covered under GDPR includes any information that can identify a person, such as name, address, email address, phone number, medical records, or any other sensitive information. Indian hospitals that collect and process such personal data must comply with GDPR. This includes obtaining explicit consent from the data subjects, ensuring the security of the data, and providing data subjects with the right to access, correct, and delete their data.
Indian hospitals must also appoint a Data Protection Officer (DPO) who is responsible for ensuring GDPR compliance. The DPO must be an expert in data protection and should have sufficient knowledge and resources to carry out their duties. The DPO's role is to advise the hospital on GDPR compliance, monitor the hospital's data protection activities, and act as a point of contact for data subjects and the regulatory authorities.
Indian hospitals must also conduct a Data Protection Impact Assessment (DPIA) to identify and mitigate the risks associated with the collection and processing of personal data. The DPIA should assess the necessity and proportionality of the data collection, the security measures in place, and the impact on data subjects' rights and freedoms.
In addition to the above requirements, Indian hospitals must also ensure that they have appropriate measures in place to respond to data breaches. GDPR mandates that organizations must report data breaches to the supervisory authorities within 72 hours of becoming aware of the breach. Failure to report breaches can result in severe penalties.
Indian hospitals must also ensure that they have appropriate measures in place to handle data subject requests. GDPR grants data subjects the right to access, correct, and delete their data. Hospitals must provide data subjects with a response to their requests within 30 days. Failure to respond or comply with data subject requests can result in severe penalties.
Complying with GDPR can be challenging for Indian hospitals, especially those that do not have prior experience in data protection. However, compliance is crucial to protect the personal data of EU citizens and avoid severe penalties. Hospitals can consider engaging with GDPR compliance consultants who can help them understand the requirements and implement the necessary measures.
In conclusion, GDPR is a regulation that aims to protect the personal data of EU citizens. Indian hospitals that collect or process personal data of EU citizens must comply with GDPR. This means that hospitals must obtain explicit consent from data subjects, appoint a Data Protection Officer, conduct a Data Protection Impact Assessment, have appropriate measures in place to respond to data breaches and data subject requests, and ensure the security of the data.