As the General Data Protection Law (LGPD) and the role of the DPO (Data Protection Officer) consolidates in Brazil, many healthcare institutions are still struggling to meet its requirements.
In fact, a critical part of any data security plan is the appointment of a Data Protection Officer, and many healthcare organizations are looking to find someone with the right skills to fill this role.
The information protection officer, as the DPO is also known, is responsible for developing and implementing a data security plan that meets the requirements of the LGPD, and must have expert knowledge of data protection laws and practices.
Let’s take a look at the challenges faced by healthcare organizations in appointing a Data Protection Officer, along with the importance of having someone in this role who can guarantee compliance with the LGPD.
The LGPD and requirements to be met by healthcare institutions
The General Data Protection Law (LGPD) is a law that came into force in August 2018 in Brazil and regulates the protection of personal data. The LGPD applies to all organizations in Brazil, including healthcare institutions.
In summary, the requirements of the LGPD for healthcare institutions are as follows:
- The DPO must be appointed and have knowledge of the General Data Protection Act;
- The healthcare organization’s data security plan must meet the requirements of the LGPD;
- Patients’ medical information must be protected, as required by law;
- Patients have the right to know how their information will be used and who will have access to it;
- Healthcare institutions need to disclose a privacy policy to patients.
The data protection officer is a key employee for healthcare institutions, as it is he or she who ensures that the requirements of the LGPD are met.
Without an adequate Data Protection Officer, institutions run the risk of being sanctioned by the law.
The role of the DPO in developing and implementing a data security plan
The development and implementation of the data security plan are complex tasks that require the specialized knowledge of the DPO.
The information protection officer needs to be familiar with data protection laws and practices to ensure that the plan meets all the requirements of the LGPD.
The data security plan should be developed on the basis of an assessment of the threats and the impact they could have.
The data protection officer must consider all aspects of data security, including access control, encryption, monitoring and intrusion detection.
Once the plan has been developed, it is important that it is implemented effectively. To do this, the DPO must coordinate the work of all the teams involved, including the information security team, the medical team and the IT professionals.
In addition, the data protection officer needs to constantly monitor the plan to ensure that it is working effectively.
Challenges faced by the DPO of healthcare institutions in complying with the LGPD
The first challenges faced by the DPO in healthcare institutions are the complexity of the data security plan and the constraints of time and resources.
In fact, the data protection officer needs to have extensive knowledge of the LGPD in order to develop an adequate data security plan. This is a complex task that requires the involvement of several teams.
It is also worth noting that healthcare institutions deal with sensitive documents on a daily basis, such as medical records, laboratory tests with biometric data, prescriptions, etc.
In this way, the Data Protection Officer is responsible for ensuring that medical flows and processes used to prepare and deliver tests, schedule appointments, attend to patients and their companions, attend to health plans and the flow of medication are in accordance with the Protection and Privacy Act.
This represents a major challenge, given the daily routine of healthcare organizations and the countless activities that are carried out to care for patients.
In addition, healthcare institutions face a major challenge when it comes to ensuring compliance with the law, as there are still many doubts about how it should be applied.
The DPO needs the support of the institution’s board of directors to succeed in the mission to comply with the LGPD
This support is fundamental, as the board is responsible for guaranteeing the necessary resources for the data protection officer to carry out their work. In addition, management must be committed to data security and patient protection.
The DPO also faces challenges when it comes to communicating the changes brought about by the LGPD to the teams involved. This requires effective coordination, as all teams must be aligned to ensure compliance with the law.
Finally, it’s worth pointing out that the DPO doesn’t work alone and that its success depends on the commitment of everyone involved. The creation of a data protection committee, which includes representatives from the board of directors, the medical team and the security and IT areas, can help guarantee the requirements of the LGPD.
CipherTrust Data Security Platform as an important resource in the protection and privacy of patient data
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It simplifies data security, improves operational efficiency, and accelerates compliance time. Regardless of where your data resides.
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