Opticians: How to prepare for GDPR regulations on health data?

The protection of personal data, particularly health-related data, is a major issue in many sectors, including the optical sector. Since the General Data Protection Regulation (GDPR) came into force in May 2018, companies collecting, processing or storing sensitive data must comply with strict rules. For opticians, who regularly handle health data (prescriptions, diagnoses, history of visual care), it is imperative to adopt a rigorous compliance strategy regarding this GDPR regulation on health data. But how can you ensure compliance with the GDPR while maintaining effective management of customer records?

GDPR on health data for opticians: impact on their management

The GDPR defines health data as particularly sensitive information, requiring enhanced security measures for its collection, storage and processing. Opticians, as healthcare professionals, collect information relating to patients' vision corrections, medical history and prescriptions. This means that they must put in place strict processes to protect this data from unauthorized access, loss or modification.

The GDPR also imposes obligations regarding transparency towards customers. Thus, patients must be informed of how their data is used, the retention period of this information and their rights to access, rectify or delete personal data.

Measures to adopt to comply with the GDPR

Here are some concrete measures that opticians must implement to ensure their compliance:

1. Staff awareness and training : Every team member should be trained on the basics of GDPR and understand the importance of data protection. This training should include procedures for reporting data breaches as well as guidelines for handling sensitive data securely.
2. Establishing a register of processing activities : The GDPR requires that a register of personal data processing activities be kept. This document must detail what data is collected, how it is used, who has access to it, and for how long it is retained. It provides an overview of data management and ensures that the processes in place comply with regulations.
3. Data Security : Opticians must invest in security systems to protect sensitive data. This includes measures such as:
   • Encrypt data to prevent it from being readable if stolen;
   • Implement restricted access to health records to ensure that only authorized staff members have access to them;
   • Use complex passwords and strong authentication systems for database access.
4. Informing customers and obtaining consent : Patient consent is essential under GDPR. Opticians must ensure that they obtain explicit consent before collecting health information. Consent forms must be clear, simple and state precisely what data will be used and for what purpose. Customers must also be informed of their right to withdraw this consent at any time.
5. Appoint a Data Protection Officer (DPO) : Opticians, especially those belonging to large chains, may be required to appoint a DPO. This person is responsible for ensuring that the company complies with the GDPR obligations. They act as a link between the company and the data protection authority, and ensure that internal processes guarantee the security of sensitive data. The appointment of a DPO by the company is mandatory in two specific cases:
   1. Where the core activities of the company or subcontractor include regular and systematic large-scale monitoring of individuals affected by data processing (e.g. geolocation, video surveillance, management of banking transactions).
   2. Where the core business of the company or subcontractor involves the large-scale processing of sensitive data, i.e. personal information that could cause discrimination if disclosed (e.g. racial or ethnic origin, political opinions, religious or philosophical beliefs, sexual orientation, trade union membership, genetic data) or data relating to criminal convictions.
6. Limited data retention : The GDPR requires that personal data is not retained for longer than necessary. Opticians must therefore establish clear policies on how long medical records are retained. Once this period has elapsed, the data must be securely deleted to avoid any risk of leakage or theft.
7. Data Breach Preparedness : In the event of a data breach, the GDPR requires that the competent authority be notified within 72 hours. Opticians must therefore have an incident management plan to respond quickly and effectively, in order to limit the impact of a possible data leak.

Digital tools and penalties incurred in the event of non-compliance

To comply with the GDPR, opticians can rely on several effective digital tools. For example, DataLegalDrive offers centralized data management and automates the creation of processing records. TrustArc offers consent management and data processing activity tracking solutions, ensuring ongoing compliance. Finally, OneTrust is another essential tool that helps manage individual rights, data breaches and assess the impact on privacy, ensuring a comprehensive approach to personal data security.

Non-compliance with the GDPR can result in significant penalties. In the event of a serious violation of the rules, opticians can be fined up to €20 million or 4% of global annual turnover, whichever is higher. In addition, reputational damage due to poor data management can cause lasting damage to the relationship of trust between an optician and their customers.

Opticians have a crucial role to play in protecting their patients' health data. Admittedly, complying with GDPR regulations on health data for opticians can seem tedious, especially since the administrative rules are sometimes cumbersome. But this can not only avoid sanctions, but also strengthen the trust of their customers. Compliance with the GDPR is an opportunity for optical professionals to affirm their commitment to data confidentiality and security, while continuing to offer quality eye care.

Source: entreprendre.service-public.fr