Indeed, information is fundamental in the hospital context. After all, it is necessary to check all the patient's data to know if they are allergic to any medication, if they present congenital problems, if they have underwent recent surgery, and much more. However, more than collecting these elements, it is necessary to ensure they do not leak.

After all, hospitals, clinics, and medical offices store countless data of their patients, such as registrations, medical records, histories, and other sensitive information.

In addition, it is also necessary to take into account the medical, tax, and financial data that make up the management of these organizations.

It is certain that ensuring information security in medical work is paramount, since any type of leak can become a major headache, especially in the context of the LGPD.

Before the General Data Protection Law came into force, medical confidentiality regarding the patient's clinical state was already an obligation, but now, data security has become even more important, since their privacy has become a right guaranteed by the Federal Constitution.

To keep you informed about the risks and consequences of patient data exposure, we, from the CodeBlog team, have prepared a complete article. Continue reading and find out more.

The LGPD and hospital data storage

The General Data Protection Law (LGPD) is a legislative milestone that aims to guarantee the security of the exchange of information of every citizen.

To do this, it presents numerous regulations, but the main one is the determination that each person is the sole and exclusive owner of their data.

In practice, this indicates that doctors and managers must collect, store, and use patient data at the beginning of an appointment. However, any medical establishment can only use the information when there is a defined reason, which is in accordance with one of the legal bases for processing promoted by the LGPD. This extends to registration, medical schedules, and records.

In addition, it is the responsibility of the organization itself to ensure the security of patient data and prevent access by unauthorized persons.

The use of sensitive data in the hospital scenario

Although data leakage is problematic in any context, in the healthcare scenario it is even more threatening. This is because clinics and hospitals collect information such as lifestyle, addictions, health conditions, genetic data, among others that are integrated into the Sensitive Data category of the LGPD, which makes its security even more important.

It is worth noting that failure to comply with LGPD rules can have severe administrative and judicial sanctions as consequences.

Why is it important to worry about data leakage in the hospital context?

A clinic, a medical office, or a hospital that does not ensure the protection of its patients' data is likely to receive all the administrative sanctions provided for in the General Personal Data Protection Law (LGPD).

Article 52 of the law establishes that the National Data Protection Authority (ANPD) can apply the following sanctions:

• warning, with an indication of a deadline for the adoption of corrective measures;

• simple fine, of up to 2% of the private legal entity's, group's, or conglomerate's revenue in Brazil in its last financial year, excluding taxes, limited, in total, to R$ 50,000,000.00 (fifty million reais) per violation;

• daily fine, subject to the total limit referred to in item II;

• publicization of the violation after its occurrence has been properly investigated and confirmed;

• blocking of the personal data to which the violation refers until its regularization;

• deletion of the personal data to which the violation refers;

• partial suspension of the operation of the database to which the violation refers, for a maximum period of 6 (six) months, extendable for an equal period, until the regularization of the processing activity by the controller;

• suspension of the exercise of the activity of processing the personal data to which the violation refers, for a maximum period of 6 (six) months, extendable for an equal period;

• partial or total prohibition of the exercise of activities related to data processing.

To simplify, the mildest cases of non-compliance with the rules can lead to some warnings. However, more serious violations, such as the leakage of medical data, can result in high fines or even the suspension of the organization's activities.

Other consequences of hospital data leakage

Not all effects of hospital data leakage are related to the LGPD. One must also take into account how much this can compromise relations with patients, reputation, processes, and the management of the institution as a whole.

Lawsuits

Whether by the affected patients or by the doctors and other collaborators who had their data exposed, data leakage and misuse of information can be taken to court as lawsuits.

It is necessary to keep in mind that, in addition to LGPD punishments, these practices can cause serious damage, such as, for example, the payment of compensation for pain and suffering.

Loss of reputation

It is certain that a data leak can seriously damage the reputation of an organization focused on health.

After all, if an establishment is not even capable of safeguarding its patients' data, what is one to think of the processes and treatments adopted by it? This “stain” on the image can result in a reduction in the number of appointments, the loss of loyal patients, and retaliation that makes it difficult to secure new patients.

That is, in addition to all the discomfort caused to the patients exposed by the leak, it will also be necessary to deal with the negative publicity that will very likely come.

Problems in service and management

Considering that data is essential for all hospital services, it is clear that a leak capable of making this information unavailable can force work to stop, even without effective punishment from the LGPD.

How to reinforce medical data security?

Digital signature

A digital signature allows hospital institutions to authenticate their documents in a secure, fast manner, and without risk of fraud.

This way, only users who hold the passcode have access to the documents. This solution provides an extra guarantee of confidentiality for the sensitive data stored in each medical record.

Compliance with the LGPD

The LGPD is an obligation and, to comply with it, the first step is to read carefully and understand the text of the law, which is focused on some main measures, such as:

• collect only the essential data for registration or patient care;

• present, in a documented manner to patients, which information will be collected and how it will be used;

• ensure transparency in the processing of patient data;

• never share any information without the consent of the owner;

• have a data access control;

• develop Privacy and Information Control Policies and make them available for patient consultation.

Cloud storage

Keeping important information such as registrations, medical records, and schedules on paper is a terrible choice, since physical files are much more vulnerable to access by unauthorized persons. In addition, they are also more prone to loss, misplacement, and general damage.

On the other hand, cloud storage not only strengthens information security, but also considerably minimizes the risk of loss and misplacement.

Thus, with the cloud from AWS, a CodeBit partner, it is possible to guarantee more automation and, consequently, more protection in processes. After all, the infrastructure was developed in compliance with the security requirements of the military and other organizations that handle highly confidential information. All this is guaranteed by more than 230 security, compliance, and governance features.

To make it even better, the software is not installed on the clinic's computers, but rather available online on the most secure and widely used cloud in the world: Amazon Web Services (AWS).

Anyway, did you enjoy discovering what consequences hospital data leaks generate?

If you want to know more about CodeBit solutions, click here, access the website, and get in touch with our team of specialists. Our highly trained professionals, with certifications such as Cloud Practitioner, Solutions Architect, Security Specialty, among others, are ready to assist you.

If this article was interesting to you, keep an eye on the CodeBit Blog and follow all the tips we have prepared to automate processes and ensure greater security in the operations of clinics, medical offices, and hospitals.

Best regards, and see you in the next post!