Health Data Privacy

Health Data Privacy is one of the foremost legal and ethical challenges in the medical field. A patient's health status, diagnosis, genetic information, and biometric data are classified by law as "special categories of data". Their processing is permitted only in strictly defined cases and requires a much higher standard of protection than ordinary data. Clinics, hospitals, insurance companies, and pharmaceutical firms are obliged to protect patient privacy. Unauthorized disclosure of data, even to family members, without the patient's consent is a violation of the law and leads to severe sanctions.

With the development of digital health (eHealth), risks are increasing. Electronic medical records, telemedicine apps, and laboratory portals are becoming targets for cyberattacks. Legal.ge allows you to connect with lawyers specializing in medical law and data protection to help healthcare institutions ensure compliance with the law.

What does the Health Data Privacy service cover?

The service is designed for the healthcare sector and includes:

• Medical Documentation Audit: Checking patient questionnaires, histories, and consent forms for compliance with the law.
• Development of Consent Forms: Preparing informed consent texts that clearly state who has access to patient data.
• Staff Training: Training doctors, nurses, and registrars on confidentiality rules (e.g., not discussing patient diagnoses in public areas).
• Regulation of Data Transfer: Legal assurance of data exchange with insurance companies, laboratories, and referral clinics.
• Electronic System Security: Defining health database protection policies together with the IT team.
• DPO (Data Protection Officer) Service: Under the law, medical institutions are often required to appoint a DPO.

Common Real-World Scenarios

The following legal dilemmas are common in medical practice:

• Disclosing Information to Family: A patient's relative asks for a diagnosis. The doctor has no right to disclose information without the patient's consent, except in exceptional cases (e.g., the patient is unconscious).
• Insurance Claims: An insurance company requests a patient's full history. The clinic should transfer only the information necessary for the specific reimbursement decision.
• Research and Science: A clinic uses patient data for scientific research. This requires data depersonalization (anonymization) or specific patient consent.
• Minor's Data: A teenager consults a doctor confidentially (e.g., on reproductive health). When does a parent have the right to access, and when not?

Legal Framework: Patient Rights

The field is regulated by the Law of Georgia on Patient Rights and the Law on Personal Data Protection. Legislation establishes that medical personnel are obliged to maintain professional secrecy (medical confidentiality). Data processing is permitted for "health protection purposes," but this does not mean unlimited access to data. The Personal Data Protection Service inspects clinics with particular strictness.

Step-by-Step Service Process

1. Diagnostics: Studying data flows in the clinic (reception -> doctor -> archive).
2. Documentation Setup: Signing confidentiality agreements with staff.
3. Patient Information: Updating information boards and forms at the reception.
4. Security Measures: Securing physical archives and controlling electronic access.

Why choose a specialist on Legal.ge?

Patient trust in a doctor begins with confidentiality. Data leaks or improper processing threaten a clinic not only with financial losses (fines) but also with reputational disaster. Lawyers on Legal.ge will help you implement protection standards that comply with both Georgian legislation and international best practices. Protect your patients and your medical practice.