Dental clinics must be diligent about the security and confidentiality of personal data. Concerning health information, which is considered sensitive personal data, dental clinics must comply with KVKK (Personal Data Protection Law) and provide the necessary disclosures as part of their obligation to inform. As the Medicasimple legal team, we have outlined what the Obligation to Inform means for dentists.
Among the rules set out in the Personal Data Protection Law, one of the most critical is the obligation of data controllers, namely dentists and clinics, to fulfil their obligation to inform. The importance of this obligation is reflected in Article 18 of the Law, which stipulates a fine of between 5,000 TL and 100,000 TL for clinics and dentists who fail to inform patients properly.
The obligation to inform under Article 10 of the KVKK is a duty for clinics and dentists, but it is also a right for the individuals whose data is being processed (patients, companions, employees, etc.). It is crucial to understand that even if the person whose data is being processed consents, clinics must still fulfil their obligation to inform, independent of the conditions for data processing. Moreover, this obligation must align with the general principles outlined in Article 4 of the Law.
Therefore, dentists and clinics must ensure they handle patients' and visitors' personal data in compliance with the requirements of Article 10. Certain steps must be taken, and further details on this topic can be found in our other related articles.
The information notice should include the identity of the clinic (and its representative) or dentist, the purpose of processing the personal data, to whom and for what purpose this personal data may be transferred, how the personal data is collected, and the legal basis for processing the personal data. Additionally, it is particularly important to specify the data collection method; whether the personal data of the individuals is processed automatically or manually within a data recording system should be stated.
For example, if a patient’s data is processed as a result of filling out a form or through electronic means such as phone calls, websites, or camera recordings, it is crucial to provide the relevant disclosures in this context. Additionally, all information notices should also state that patients or visitors can exercise the rights outlined in Article 11 of the Law.
Rest assured that all your patient data is securely protected with the cloud-based clinic management system Medicasimple!
Medicasimple aims to ensure that consent is obtained as efficiently as possible, adhering to the above-mentioned processes and automating the collection of consent where applicable. In line with the Law and Article 5 of the Board’s Communiqué on the Obligation to Inform, the processes of obtaining consent and fulfilling the obligation to inform are handled separately.
The information notices that you are responsible for providing to your patients when registering them, and the KVKK notices that you send for signing afterwards, are provided to you in the most secure manner, electronically, through Medicasimple’s system. These notices are sent electronically by your patients within minutes, ensuring that all processes are completed quickly and without paper.
Should you contact us, Medicasimple will handle the preparation of electronic forms detailing the data processed, ensuring that the data processing purposes and conditions—especially for health data—are appropriately reflected in the notices in accordance with Article 4.
No matter how you collect it, your patient data is securely stored in Medicasimple, based on the patients' or visitors' explicit consent. If necessary, individuals are also able to exercise their rights in accordance with KVKK. If you would like to receive consultation on Personal Data Protection and the Obligation to Inform, please feel free to contact us.
The cloud-based clinic management system Medicasimple is here to assist you in the best possible way!
** This article was prepared in April 2021. **
