A Strategic Approach to Data Protection; Common Issues in Clinics

The data protection laws are a complex network of rules that clinics are expected to follow to maintain patient privacy and keep personal data safe. Earlier this year the Data (Use and Access) Act was introduced, later this year, a new cyber security law is expected to be passed; with an ever-evolving regulatory landscape and technology advances (most drastically artificial intelligence) prompting law-makers to introduce new laws to govern the risks, it is no wonder that many clinics struggle to grapple with the confusion of knowing how to get it right. 

A key point to remember is that the data protection laws do not exist to prevent you from growing and succeeding as a clinic, in fact they do the exact opposite: clinics that comply and highlight their dedication to patient-privacy can expect to increase trust and loyalty. 

To help you get it right, the most common data protection pitfalls (and how to address them) are listed below:

1. Collecting too much data on consent forms e.g. asking for occupation, home address and work phone number when none of these fields are relevant to treatment or to your business. If there is no need for collecting the data, it shouldn’t be collected

2. Building a thriving marketing function without documenting consent from patients. It’s a legal requirement to appropriately manage your marketing consent process. If you’re using online ads e.g. those offered via Meta and Google Ads, this includes capturing consent for online tracking via cookies/ tracking technologies 

3. Failing to appoint a Data Protection Officer or a person responsible for data protection. Under the UK GDPR, health data is granted a higher level of protection, meaning businesses that handle it are required to introduce stronger protection measures. Large clinics or private hospitals will likely trigger the statutory obligation to appoint a data protection officer under article 37 of the GDPR. Smaller clinics are not legally obliged to appoint a DPO but may choose to do so to support clinic growth given the risks that handling health data presents. 

4. Lack of awareness amongst your team.  A common attack route for cyber criminal is to trick your staff into giving away log-in details or clicking on a malicious link within an email. Phishing attacks or voice-phishing attacks (where log-in details are extracted via a phone call) are increasing. A continuous education and awareness programme can help change your clinic-culture and defend against attacks.

5. Weak passwords that give criminals an easy entry route into your network. Once inside they can quickly jump around to gain access to your most valuable data. The National Cyber Security Centre suggests that a password vault is a good idea and multi-factor authentication where available. 

6. Using old devices that are out of support. If you have an iPad that is no longer supporting iOS updates, it's time to move on. Old devices and software can open vulnerabilities that cyber criminals can jump into. 

7. Introducing new software without control. Many cyber attacks originate in the supply-chain, meaning that your software provider has suffered a data breach but as your data is affected, you remain responsible. You are legally obliged to check the security offered by your suppliers to ensure that it meets appropriate security standards. There are also specific contract terms you should have within your agreement so ensure that your supplier meets a minimum level of security. 

If you've read this far and are wondering how your clinic measures up, look out for the Data Protection Clinic Checklist coming soon or contact me for more information on how I help you get your data protection risks under control. 

For support with data protection at your clinic, email info@tygoconsulting.com