Data Protection in Care Sector

Why Data Protection is So Important in Nursing

Data protection in nursing is an extremely relevant topic. For doctors or nurses to treat their patients correctly, they need a variety of information about their health status. All information concerning a patient's health falls under Art. 9 General Data Protection Regulation (GDPR) special categories of personal data and are therefore particularly worthy of protection.

Data Protection in Nursing: Examples of Data Collected

• Name, address, contact details of the patient and relatives
• Social security number
• Health insurance provider
• Care level
• Information about illnesses

What you should consider regarding data protection in care

A data protection breach in care can have significant consequences for the affected individual. Furthermore, it is crucial to maintain the trust the patient brings – this is indispensable during treatment. Patient data and patient records must therefore be handled and protected with the utmost sensitivity.

Staff in care facilities

Regardless of their position or area of activity, staff in care facilities must ensure that only personal data essential for care, nursing, and treatment is collected. Furthermore, they are bound by professional confidentiality. This applies to:

• Doctors
• Nurses
• Nurses
• Alternative practitioners

Important: A violation is relevant not only under data protection law but also under criminal law. According to § 203 of the Criminal Code, imprisonment may be imposed if data protection and confidentiality in care are not observed. Caregivers are only released from their duty of confidentiality if the affected individual has signed a corresponding consent form.

Data protection in care services and facilities: Challenges

The right of access of data subject rights is in the General Data Protection Regulation clearly regulated: Art. 15 GDPR states that the right to information and access belongs solely to the data subject. This means that the data subject's consent is necessary to allow relatives access to patient records.

Furthermore, for adequate data protection in outpatient care services and elderly care generally, patient records must be comprehensively protected from access by third parties/unauthorised persons.

This rule also applies when data is only discussed verbally. Therefore, one should not talk about a patient's current condition in front of outsiders. This also includes residents and visitors of a care facility.

The GDPR presents many challenges for nursing homes, care services, etc., as a data protection breach can quickly occur. Not only expensive fines can be the consequence. Damage to reputation can hit a care facility even harder, as patient trust is indispensable, especially in this sector. For these reasons, it is necessary to have a data protection officer appointedwho monitors the processes within the facility.

New Developments and Legal Requirements (2024/2025)

The regulatory landscape in healthcare is evolving. To meet the increasing demands, care facilities must continuously adapt and update their data protection practices. Key innovations at a glance:

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• Electronic Patient Record (EPR): Introduced nationwide since January 2025 – voluntary use (opt-out) – it requires an adjustment of data protection processes.
• Health Data Use Act (GDNG): Since March 2024, it has regulated the sharing of health data for research purposes under strict conditions.
• GDPR Interpretation 2024: It contains new industry-specific requirements, including data protection impact assessments and technical and organizational measures (TOMs).
• Telecare: Data-secure digital care formats are becoming increasingly relevant – the focus is on encryption and access controls.
• Updated Expert Standards: New content, e.g., on dementia care, also affects documentation and thus data protection.

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Care facilities are well advised to keep an eye on these developments and to adapt technical, organizational, and personnel resources as needed.

Data privacy in care facilities: Examples of measures

The GDPR mandates many measures to protect personal data. For example, did you know that

• Art. 30 GDPR states that you are required to create a Record of Processing Activities (RoPA) in which all processing information regarding personal data is comprehensively documented?
• as a care provider, you are also subject to transparency and information obligations? This means you must promptly disclose to data subjects or supervisory authorities, at any time, what personal data you collect, store, and further process, and to what extent.
• you must also ensure that the state of the art is such that no data breach occurs? This includes regularly performing updates in your care facility, having a virus scanner, and creating regular backups.
• you need a data processing agreement according to Art. 28 GDPR if your facility has an IT service provider?

These and other measures need to be implemented. At Proliance, we know exactly what matters when it comes to data protection in care.

The 3 biggest misconceptions about data protection in the care sector

1. The more information we have about the patient, the better we can treat them

That's not entirely true. While it is advisable to obtain as much information as possible about the patient to provide the best treatment, according to Art. 15 GDPR, only data necessary for the treatment may be processed. This means that data beyond what is necessary may not be collected or further processed.

2. It's not a problem to give the patient's parents access to their medical records

False! Not even the closest relatives may automatically gain access to a patient's medical records without the patient's consent. It is recommended to obtain this permission directly when collecting personal data. For parents, it depends on the child's age and capacity for understanding – the blanket statement that parents always get access to their child's medical records is incorrect.

3. We adhere to confidentiality and therefore don't need a data protection officer

Since health data is processed in the care sector, which falls under special categories of personal data according to the GDPR, an internal or external data protection officer is always required. to appoint. Furthermore, in nursing, you must, of course, always adhere to data protection and confidentiality regulations, also to avoid criminal consequences.

Conclusion and Outlook

Patient data is among the most sensitive information there is. Especially in nursing, data protection is therefore essential – both in handling data and in its storage, transmission, and disclosure.

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Data protection in nursing is constantly evolving. New digital tools like the electronic patient record and legal reforms like the GDNG make it necessary to continuously review processes, adapt technical measures, and train employees.

FAQ on Data Protection in the Nursing Sector

From how many employees do I need to appoint a data protection officer in nursing?

Generally, there is the obligation to appoint a data protection officer for continuous automated data processing with 20 or more employees. This includes temporary staff or interns. However, nursing services process health data, which are classified by the GDPR as a special category of personal data. In this case, according to Art. 37 para. 1 lit. c GDPR a data protection officer must be appointed regardless of the number of employees, as this involves particularly sensitive data!

Is it allowed to share information about the patient's condition with their relatives?

No. To be allowed to share medical data with relatives, explicit written permission from the patient is required. It is different in the relationship between children and parents; here, it primarily depends on the child's age and the specific medical case.

Which personal data are we allowed to collect in nursing?

Only the personal data may be processed that are relevant for treatment or therapy. This includes the patient's contact details as well as sensitive health data such as allergens, pre-existing conditions, illnesses, and inherited diseases.

How can we integrate data protection into our daily operations in nursing?

There is always something to do in nursing. Data protection is a very complex topic and can therefore quickly be neglected in daily nursing routines. A External Data Protection Officer can offer a solution: With their expertise, they can help implement data protection in the care facility without disrupting daily operations.