Privacy policy

Privacy and data security policy of Clinident Dental Centre

Purpose of the privacy and data security policy

1. §

The purpose of this privacy and data security policy (hereinafter: Policy) is to determine the detailed rules of data processing implemented within the organisation of Clinident Fogászati Centrum [i.e. Clinident Kft. (registered office: Cézár-Ház, 6/b Tutaj u., Budapest, 1133; company registration number: Cg. 01-09-729740; hereinafter: Clinident)], and to ensure the enforcement of constitutional principles regarding the protection of healthcare and personal data, the transparency of public interest data, as well as data security requirements during data processing operations.

Scope of the Policy

2. §

The scope of the Policy covers:

• The members and employees of Clinident, particularly those who process healthcare, personal, and public interest data based on their job description (hereinafter: staff member).
• Natural persons and organisations having a contract of service or agency relationship with Clinident.

Legal basis of the Policy

3. §

The legal basis of the Policy is constituted by:

• Act CXII of 2011 on informational self-determination and freedom of information (hereinafter: Info Act),
• Act V of 2013 on the Civil Code,
• Act XLVII of 1997 on the processing and protection of healthcare and related personal data, and
• Decree No. 62/1997 (XII. 21.) NM on certain issues relating to the processing of healthcare and related personal data.

Definitions

4. §

For the purposes of this Policy:

1. personal data: any data that can be related to a specific (identified or identifiable) natural person (hereinafter: data subject), and any conclusion concerning the data subject that can be drawn from the data. Personal data retains this quality during data processing as long as its relationship with the data subject can be restored. A person is considered identifiable in particular if they can be identified—directly or indirectly—by name, identification code, or by one or more factors specific to their physical, physiological, mental, economic, cultural, or social identity;
   
2. special category data: data relating to racial or ethnic origin, nationality, political opinions or political party affiliation, religious or philosophical beliefs, trade union membership, health, pathological addictions, sexual life, as well as personal data concerning criminal convictions;
   
3. data of public interest: any information or knowledge recorded in any manner or form, relating to the activities of or held by a body or person performing state or local government duties, or other public duties defined by law, not falling under the concept of personal data, regardless of the method of handling, whether independent or collective;
   
4. healthcare data: data relating to the physical, intellectual, and mental state, pathological addictions, circumstances of illness or death, and cause of death of the data subject, communicated by the data subject or another person about them, or observed, examined, measured, imaged, or derived by the healthcare system; furthermore, any data that can be associated with or influences the above (e.g. behaviour, environment, occupation);
   
5. personal identification data: surname and given name, maiden name, sex, place and date of birth, mother’s maiden surname and given name, place of residence, stay address, social security identification number (hereinafter: TAJ number), together or any of these, provided that they are suitable or may be suitable to identify the data subject;
   
6. data processing: any operation or set of operations performed upon data, regardless of the procedure applied, such as collection, recording, inputting, structuring, storage, alteration, use, transmission, disclosure, alignment or combination, blocking, erasure, and destruction, as well as preventing further use of the data. The taking of photographs, voice recordings, or video recordings, as well as the recording of physical characteristics suitable for identifying a person (e.g. fingerprint, palm print, DNA sample, iris scan), also constitutes data processing;
   
7. data controller: the natural or legal person, or organisation without legal personality, that determines the purposes of the processing of data, takes and executes decisions regarding data processing (including the means used), or has them executed by an appointed data processor;
   
8. Head of Institution: the current managing director of Clinident Kft;
   
9. technical processing: the performance of technical tasks related to data processing operations, regardless of the method and tools applied to carry out the operations, and the place of application;
   
10. data processor: the natural or legal person, or organisation without legal personality, that processes personal data on behalf of the data controller—including assignments based on legal provisions;data protection officer: the person designated by the Head of Institution;
    
11. consent: the voluntary and explicit expression of the data subject’s wish, based on appropriate information, by which they give their unambiguous agreement to the processing of personal data concerning them—either fully or covering specific operations;
    
12. data transmission: making the data accessible to a designated third party;
    
13. disclosure: making the data accessible to anyone;Ű
    
14. third party: a natural or legal person, or organisation without legal personality, other than the data subject, the data controller, or the data processor;
    
15. personal data filing system: any structured set of personal data accessible according to specific criteria, whether functionally or geographically centralised, decentralised, or dispersed;
    
16. dataset: the totality of data managed within a single filing system;
    
17. document: recorded information or a set of data to be handled as a single unit, generated or received during the operation of a body or the activity of a person, which may appear on paper, microfilm, magnetic, electronic, or any other data carrier; its content may be text, data, graphic, sound, image, moving image, or information in any other form or combination thereof;
    
18. public record: regardless of the time of creation and place of preservation, any document that belongs or belonged to the archival material of a body performing public duties;
    
19. medical documentation: notes, records, or data recorded in any other manner, containing healthcare and personal identification data that came to the knowledge of the healthcare provider during medical treatment, regardless of its medium or form;
    
20. medical treatment: any activity directed at examining, treating, nursing, or medically rehabilitating the data subject directly, or processing test materials of the data subject for these purposes, in order to preserve health, prevent, detect early, establish, or cure illnesses, or maintain or improve a worsening state caused by illness, including the dispensing of medicines, medical aids, and therapeutic services, emergency rescue and patient transport, as well as obstetric care;
    
21. medical confidentiality: healthcare and personal identification data that came to the knowledge of the data controller during medical treatment, as well as other data relating to necessary, ongoing, or completed medical treatment, or learned in connection with medical treatment;
    
22. medical emergency: a sudden change in health status resulting in the data subject being in direct mortal danger, or suffering severe or permanent damage to health, in the absence of immediate medical care.

Purpose of data processing and purpose limitation

5. §

1. A staff member of Clinident may process personal data exclusively in the course of performing activities within the company’s scope of activities, to the extent necessary for that purpose, to perform duties set out in their job description, in accordance with statutory requirements and this privacy policy. Subject to the consent of the data subject, Clinident may use personal data for subsequent advertising and/or promotional purposes, as well as market research purposes, pursuant to the provisions of the applicable advertising act.
   
2. The purpose of processing healthcare and personal identification data is:
   • to promote the preservation, improvement, and maintenance of health;
   • to facilitate the successful medical treatment activities of the company;
   • to monitor the healthcare status of the data subject.
     
3. Even for the purposes specified in subsections (1)–(2), only data that is indispensable for fulfilling the purpose of the data processing and suitable for achieving that purpose may be processed. Personal data and special category data may only be processed to the extent and for the duration necessary to achieve the purpose.
   
4. Data processing must comply with the purposes defined in subsections (1)–(2) at every stage.
   
5. The data controller may use the data it processes in a non-identifiable manner for statistical purposes, and may provide data derived from it for statistical purposes in a non-identifiable manner.

Fulfilment of data protection tasks

6. §

1. The Head of Institution oversees the fulfilment of data protection tasks. In this framework, they adopt the privacy policy and ensure its implementation.
   
2. The Head of Institution ensures:
   • the appointment of the data protection officer,
   • the supervision of the data protection officer’s activities,
   • the preparation and updating of the Policy,
   • the provision of data protection training.
     
3. The data protection officer:
   • monitors compliance with data protection legislation and the provisions of this Policy,
   • monitors the activities of data controllers,assists data controllers in carrying out their data processing tasks,
   • investigates reports and complaints relating to data processing by data controllers covered by the Policy (Section 2),
   • takes measures to terminate infringements and unauthorised data processing upon detection,
   • decides on the further storage or destruction of recorded data following the mandatory retention period.

The data processing procedure

7. §

A staff member of the company may process personal data if authorised by law or if the data subject consents to it. Special category data may be processed if the data subject gives written consent to the data processing or if mandated by law.

In the case of the data subject’s legal incapacity, consent to the processing of personal data is granted by their legal representative. Hereinafter, data subject shall also be understood to include the legal representative.

Scope of data processed

8. §

1. The provision of healthcare and personal identification data by the data subject is voluntary. Where the data subject contacts Clinident voluntarily, consent to the processing of their healthcare and personal identification data connected to the medical treatment shall be deemed granted—in the absence of a declaration to the contrary—and the data subject (or their legal representative) must be informed thereof.
   
   In the event of a medical emergency, or the data subject’s lack of capacity to understand, voluntariness shall be presumed.
   
2. During electronic registration on the Clinident website, the data subject provides the following personal data:
   
   – name (surname and given name)
   – phone number
   – email address
   – age
   – town/city
   
   By registering online and providing their personal data as set out above, the data subject consents to the storage and processing of their personal data as defined in this privacy policy.
   
3. Following online registration, a telephone consultation takes place using the phone number provided by the data subject, during which the data subject provides data to Clinident regarding the desired treatment. By providing the data, the data subject consents to the recording and storage of the data communicated during the consultation.
   
4. During the initial personal consultation, the data subject completes a registration form which, in addition to the data set out in subsection (2), contains the following:permanent address;postal address;mother’s name;identity card number;TAJ number;healthcare data necessary to carry out the selected treatment.By completing the form, the data subject consents to the storage and processing of their data as defined in this privacy policy.
   
5. For the processing and storage of all other healthcare data necessary to carry out treatments as defined in this policy, the data subject provides consent by signing the service contract concluded with the company.
   
6. If a contract is not concluded between the data subject and Clinident during the initial personal consultation, the data controller destroys the data subject’s healthcare data, and stores other data for 1 year from the date of provision with a view to the possibility of future contracting, after which it is destroyed.
   
7. By voluntarily subscribing to the Clinident newsletter, the data subject consents to the company contacting them in the future regarding promotions and current offers related to treatments, using the contact details provided during registration.

Duration of data processing

9. §

1. Clinident processes data provided under this privacy policy solely for the time necessary to achieve the purpose of the data processing.
2. Medical documentation—with the exception of images taken using diagnostic imaging procedures and findings prepared from them—must be retained for at least 30 years from data collection, and discharge summaries for at least 50 years. If further recording is not justified, the records must be destroyed.
3. Images taken using diagnostic imaging procedures, as well as the medical findings prepared from them, must be retained for at least 30 years from the date the image was taken.
4. The data controller erases personal data from records and documents containing personal data if:
   
   – the purpose of the data processing has ceased, or the statutory retention period has expired,
   – the data processing is unlawful,
   – the data subject requests it,
   – ordered by a court or the Data Protection Commissioner,
   – it is incomplete or incorrect, and cannot be lawfully rectified.
   
5. Facts relating to the erasure of data or the termination of data processing must be recorded in minutes.

Data transmission, interconnection of processing operations

10. §

1. Healthcare and personal data may be transmitted, and distinct data processing operations may be interconnected, if the data subject has consented to it or if permitted by law, and if the conditions of data processing are met for each individual item of personal data.
   
2. Healthcare and personal identification data collected from the data subject and necessary for medical treatment, as well as transmissions thereof, must be recorded. The transmission log contains the date of transmission of personal data, the legal basis and recipient of the transmission, the specification of the scope of personal data transmitted, and other data specified in the legislation prescribing data processing.
   
3. The recording medium may be any data storage device or method that ensures the protection of data under Section 13.
   
4. The treating doctor shall make notes of the healthcare data recorded by themselves or another healthcare provider, as well as their own activities and measures related thereto. The notes form part of the medical record.

Rights and remedies of the data subject regarding data processing

11. §

1. The data subject has the right to receive information regarding data processing related to medical treatment, to access their healthcare and personal identification data, to inspect medical documentation, and to obtain copies thereof at their own expense. For this procedure, see Annex 1: REQUESTING MEDICAL DOCUMENTATION.
   
2. The data subject may request information from the data controller regarding the processing of their personal data and may inspect the data. Inspection must be arranged in such a way that the data subject cannot access the data of other individuals.
   
3. The data controller must provide the information in writing and in an intelligible form within 30 days of the submission of the request. The information must cover:the data subject’s data processed by the data controller,the purpose and legal basis of data processing,the duration of data processing,who received the data during processing and for what purpose.
   
4. The data subject may request the rectification of their personal data. The data controller must rectify inaccurate data within two working days.
   
5. The data subject may request the erasure of their processed data without providing reasons. The data controller must comply with the erasure request within two working days.
   
6. The data subject may object to the processing of their personal data if:
   
   – the processing (transmission) of personal data is necessary solely for the enforcement of a right or legitimate interest of the data controller or data recipient, unless the data processing is prescribed by law;
   – personal data is used or transmitted for direct marketing, public opinion polling, or scientific research;
   – the exercise of the right to object is otherwise permitted by law.
   
7. In the event of a breach of their rights related to data processing, the data subject may lodge a complaint with the data protection officer or apply to the court.
   
8. The data controller must examine the objection within the shortest possible time from the submission of the request, but within a maximum of 15 days, while simultaneously suspending the data processing, and inform the applicant of the outcome in writing. If the objection is justified, the data controller must terminate data processing—including further data collection and transmission—block the data, and notify all parties to whom the personal data concerned by the objection was previously transmitted, who are obliged to take action to enforce the right to object.
   
9. If the data subject disagrees with the decision taken by the data controller under subsection (2), they may apply to the court against it within 30 days of its notification, pursuant to this act.
   
10. If the data recipient does not receive data necessary to enforce their legal right due to the data subject’s objection, they may apply to the court against the data controller within 15 days of notification under subsection (2) to gain access to the data, pursuant to this act.
    
11. If the court dismisses the data recipient’s claim, the data controller must erase the data subject’s personal data within 3 days of notification of the judgment. The data controller must also erase the data if the data recipient does not apply to the court within the deadline specified in subsection (4).
    
12. The data controller may not erase the data subject’s data if data processing was mandated by law. However, the data may not be transmitted to the data recipient if the data controller agreed with the objection or the court established the validity of the objection.
    
13. In the event of an infringement of their rights, the data subject may take legal action against the data controller. The court shall handle the matter with priority.

Healthcare data

12. §

1. The recording of healthcare data forms part of medical treatment. Based on the nature of the treatment, the treating doctor determines, in accordance with professional standards, which healthcare data must be collected in order to achieve the purpose of data processing, beyond mandatory data.
   
2. Other personnel carrying out activities related to the data subject’s medical treatment may record healthcare data in accordance with the treating doctor’s instructions, to the extent necessary to perform their duties.

Data security

13. §

1. The data controller ensures the protection of healthcare and personal data against unauthorised access, alteration, transmission, disclosure, erasure, destruction, as well as accidental destruction and damage (data security), and is responsible for preserving the records.
   
   To this end, it:
   
   – stores files, public records, and other documents containing healthcare and personal data (hereinafter collectively: documents containing personal data) in lockable premises, in lockable filing cabinets;
   – keeps documents containing personal data in its possession only to the extent and for the duration necessary to perform the task, during which it ensures conditions for secure safekeeping.
   
2. In the case of electronic data recording and storage, it must also be ensured that unauthorised persons cannot access the data. The data controller may access data only after entering an individual, confidential password. No registry may be kept of individual passwords, and shared passwords may not be created.
   
3. During the processing and technical handling of healthcare and personal identification data, the security of the data against accidental or intentional destruction, loss, alteration, damage, and disclosure must be ensured, and unauthorised persons must be prevented from accessing it.
   
4. If the data controller does not have exclusive use of a computer, personal data may only be recorded or stored on it if exclusive access to the data can be ensured.
   
5. The Head of Institution ensures the technical conditions for the secure retention and storage of data in the secretariat and other company offices, in particular ensuring that:
   
   – suitable, lockable filing cabinets are available for storing paper-based data carriers;
   – the IT system is suitable for protecting electronically recorded data (confidentiality of passwords, anti-virus protection).

Data modification and addition

14. §

1. If data was recorded incorrectly, or if data needs to be modified for other reasons, this may only be done in such a manner that the original data remains identifiable.
   
2. In the event of damage to or destruction of data, reasonable attempts must be made to restore data from other available sources. Where this is not possible, new data collection will take place following notification of the data subject and erasure of the incomplete data.
   
3. The fact and date of the addition must be indicated on restored data.
   
4. In the event of theft of documents or electronic data carriers containing personal data, the data controller shall inform the data subjects of what happened and the possible consequences, while immediately notifying the police and the data protection officer.
   
5. The data controller is liable to compensate any damage caused to others through unlawful processing of the data subject’s data or breach of technical data protection requirements, regardless of fault, with the exceptions provided in Section 18 of the Data Protection Act (Avtv.).

Transparency of data of public interest

15. §

1. If the company performs public duties in part or receives funding from the general government sub-system during its future operation, it is obliged to promote and ensure accurate and prompt information to the public in this regard [Avtv. Section 19 (1)].
   
2. The provisions of the Government Decree on the budget (Ámr.) shall apply to the provision of public interest data relating to public finances upon request.

Duty of confidentiality

16. §

1. The data controller is subject to a duty of confidentiality regarding all data and facts that came to its knowledge during the performance of its duties.
   
2. The duty of confidentiality continues to bind the data controller after the termination of its employment, service, or agency relationship with the company.
   
3. The data controller is released from the duty of confidentiality solely by legal provision or the written consent of the data subject.
   
4. The data controller—with the exception of the provisions of subsection (2)—and the data processor are bound to maintain medical confidentiality. The data controller is released from the duty of confidentiality if:
   
   – the data subject or their legal representative has given written consent to the transmission of healthcare and personal identification data, within the limitations set out therein,
   – or the transmission of healthcare and personal identification data is mandatory under statutory provisions.

Handover procedure for documentation

17. §

1. In the event of a change in the person of the data controller, documents containing personal data relating to ongoing matters, with particular regard to medical documentation, shall be handed over accompanied by a handover protocol.
   
2. Handed-over and received documents must be itemised in the handover protocol.
   
3. The data controller presents the handover protocol to the data protection officer, who countersigns it.

Monitoring of operations

18. §

1. The operation and activity of the data controller may be audited by the managing director or a person appointed by the general meeting. In the course of this, they may inspect documents containing personal data held by the data controller, but may not process personal data, in particular they may not transmit or disclose the data.
2. The person authorised to audit must preserve data and facts that came into their possession during the exercise of the right of inspection under subsection (1).

Disclosure of personal data and information to the press

19. §

1. The data controller may disclose personal and special category data with the written consent of the data subject.
2. The data controller must ensure that the data subject’s intent is genuinely directed towards the disclosure of the data. In case of doubt, it shall be presumed that the data subject has not given consent.
3. Upon disclosure, the uniform registration number must be indicated.

Human resources register

20. §

1. The human resources register is a record containing the personal data, wages and public charges, agency fees, contractor fees, and honoraria of persons in an employment, service, or agency relationship with the company.
   
2. The human resources register may be used to establish facts related to the legal relationships specified in subsection (1), for HR administration, payroll accounting, payment of agency and contractor fees or honoraria, settlement of public charges, and issuing certificates specified by law.
   
3. The human resources register may be managed exclusively by authorised persons.
   
4. The human resources register may not be discarded or weeded.

Medical documentation

21. §

1. Data relating to the examination, treatment, and medical care of the patient is contained in the medical documentation. Medical documentation must be kept in such a manner that it accurately reflects the course of care.
   
2. Elements of medical documentation:
   
   Personal identification data of the patient;
   Name, address, and contact details of the person to be notified in the case of a patient with legal capacity, or of the legal representative in the case of a minor or patient under guardianship;
   Medical history, case history;
   Results of the initial examination;Diagnosis and examination findings supporting the treatment plan, date of the examinations;
   Illness justifying care, accompanying illnesses, complications;
   Date and results of performed interventions;
   Data regarding patient drug allergies;
   Record of the content of information provided to the patient or other person authorised to receive information;
   Fact and date of consent or refusal;
   Any data or fact that may affect the patient’s recovery.
   
3. Findings of individual examinations, documents generated during medical treatment and consultations, nursing documentation, diagnostic imaging records, and tissue samples taken from the patient’s body must be preserved as part of the medical documentation.
   
4. The head of the department where the respective examination result was generated is responsible for the preservation of documents forming part of the medical documentation.

Electronic data processing

22. §

1. To ensure data security requirements during electronic data processing, available technical means (e.g. hardware key, individual confidential password) must be used to ensure that only authorised persons have access to data.
   
2. Regular virus checks and data backups must be performed to protect electronically recorded and stored data against destruction and damage. The use of removable media (floppy disks, CDs, DVDs) must be avoided to prevent viruses. Where the use of such media becomes strictly necessary, heightened attention must be paid to virus protection.
   
3. Electronically recorded and stored data is archived electronically, for which the certification service provider is responsible under Act XXXV of 2001 on Electronic Signatures. For electronically recorded and stored data that is not archived electronically, copies must be made. Copies are stored by the Head of Institution. Archiving—except for electronic archiving—must be operated on a daily basis for data subject documents.

Final provisions

23. §

Date of entry into force of the Policy: 1 January 2017.

Clinident Dental Centre

Annex 1

REQUESTING MEDICAL DOCUMENTATION

1. Medical documentation may be requested in person (by presenting an identity card), electronically, or by post. If the applicant is unable to attend, they may authorise a designated person by proxy, witnessed by two signatories.
   
   In the event of the patient’s death, the legal representative, close relative, or heir of the deceased—upon presenting credible documentation—is entitled to access healthcare data related to or associated with the cause of death, as well as medical treatment preceding death, to inspect medical documentation, and to obtain copies thereof at their own expense.
   
2. All fields of the “Medical Documentation Request Form” must be completed legibly by hand in block capitals. A contact phone number must be provided in all cases, as notification regarding expected costs and collection methods is given by phone.
   
   If you wish to send it to us by email, please note that we can only accept the request form scanned in PDF format.
   
3. Following submission of the request, Clinident will hand over / transmit the requested documents within 30 days. For collection in person, completion of a “Medical Documentation Handover Protocol” is required. For postal transmission, letters must be handled as registered mail with advice of delivery.
   
4. Request fees as of 7 January 2016:
   
   Copying paper-based documentation
   
   A4 (per page): HUF 100
   
   Electronic copy – CD/DVD: HUF 700 per item
   
   MEDICAL DOCUMENTATION REQUEST FORM