On personal data protection
- This Regulation on personal data protection (hereinafter referred to as the Regulation) was developed on the basis of the current legislation of the Republic of Belarus (hereinafter referred to as the legislation) for the following purposes:
- to determine the procedure for processing personal data of personal data subjects;
- to ensure the protection of personal data of personal data subjects; to ensure the protection of their rights and freedoms in the processing of personal data of personal data subjects;
- to establish the responsibility of officials who have access to personal data of personal data subjects for non-compliance with the requirements and standards governing the processing and protection of personal data.
- This Regulation applies to all personal data (hereinafter referred to as the data), which TOMOGRAFIYA Medical Centre Limited Liability Company (hereinafter referred to as TOMOGRAFIYA Medical Centre) can receive from the personal data subject who is a party under a civil law contract from the Internet user (hereinafter referred to as the User) when he uses the website of TOMOGRAFIYA Medical Centre located under the domain name of www.mrt.by or other features, tools, programmes, products or services of TOMOGRAFIYA Medical Centre.
- Personal data are confidential, strictly protected information. Employees of TOMOGRAFIYA Medical Centre who have obtained access to personal data are obliged not to disclose to third parties and not to distribute personal data without the consent of the personal data subject.
TERMS AND DEFINITIONS
- For the purposes of this Regulation, the following terms and definitions apply:
TOMOGRAFIYA Medical Centre Limited Liability Company (hereinafter referred to as TOMOGRAFIYA Medical Centre) is a legal entity established to provide a complex of medical services on a paid (fee) basis to the citizens of the Republic of Belarus, foreign citizens and stateless persons. Authorised employees of TOMOGRAFIYA Medical Centre independently or collectively with other persons organise and (or) perform the processing of personal data, as well as determine the purposes of personal data processing, the amount and nature of personal data to be processed, actions (operations) performed with personal data.
The personal data subject is a patient, customer, client, (potential client), visitor, partner, counterparty (potential counterparty), user of the website of TOMOGRAFIYA Medical Centre, as well as a manager, participant (shareholder) or employee of a legal entity who is a patient, customer, client, partner, counterparty (potential client, partner, counterparty) of TOMOGRAFIYA Medical Centre.
The patient is a natural person who has applied for medical care, is under medical supervision or is receiving medical care, or has different civil law relations with the TOMOGRAFIYA Medical Centre regarding the receipt of paid medical and information services.
The User of the website of TOMOGRAFIYA Medical Centre is a natural or legal person who has placed his personal information via the Feedback Form on the website with the subsequent purpose of transferring data to TOMOGRAFIYA Medical Centre.
The Feedback Form is a special form where the User places information relating to personal data with the purpose of transferring data to TOMOGRAFIYA Medical Centre.
Medical confidentiality is information about the fact that a patient applies for medical care and his state of health, information about the presence of the disease, diagnosis, possible methods of medical care, risks associated with medical intervention, as well as possible alternatives to the proposed medical intervention, other information, including that of a personal nature, obtained in the provision of medical care to the patient, and in the event of death - information about the results of postmortem examination.
Personal data include any information relating to a specific individual (personal data subject), including his last name, first name, patronymic name, gender, year, month, date and place of birth, residential and registration address, contact numbers, e-mail, skype, bank details and health insurance card details, passport data, health data, diseases, medical care encounters, data on family composition, and other information that can identify a person.
Confidentiality of information is a mandatory requirement for a person who has obtained access to certain information not to transfer such information to third parties without the consent of its owner or other legal basis.
Documents containing patient's personal data are the documents required for implementation of actions for medical and preventive purposes, in order to establish a medical diagnosis, provide medical and medical social services, as well as draw up a contract for rendering paid medical services.
Personal data processing is any action (operation) or a set of actions (operations) performed with the use of automation tools or without the use of such tools with personal data, including collection, recording, systematisation, accumulation, storage, improvement (update, change), retrieval, use, transfer (distribution, submission, access), depersonalisation, blocking, deletion, destruction of patient's personal data.
The website of TOMOGRAFIYA Medical Centre is a corporate website located on the Internet at the following address: www.mrt.by.
Cookies are a small piece of data sent by a web server and stored on the user's computer, which the web client or web browser sends in the HTPP request each time when trying to open the page of the corresponding website.
IP-address is a unique network address of an access point in an IP-based computer network.
Personal Data Information System is a set of personal data contained in databases, and information technologies and technical means ensuring their processing.
PURPOSES AND PRINCIPLES OF PERSONAL DATA PROCESSING
- TOMOGRAFIYA Medical Centre processes the personal data of personal data subjects on the basis of the following principles:
- the legitimacy of purposes and methods of personal data processing and fair practices;
- the correspondence of purposes of personal data processing to the purposes previously determined and declared when collecting personal data;
- the correspondence of the amount and nature of the personal data processed, the methods of personal data processing to the purposes of personal data processing;
- the reliability of personal data, their adequacy for the purposes of processing, the inadmissibility of processing of personal data excessive in terms of the purposes stated in the collection of personal data;
- Personal data processing at TOMOGRAFIYA Medical Centre is performed with the consent of the personal data subject for the following purposes:
- for the purposes of documentation and execution of contractual obligations to provide medical services;
- for medical and preventive purposes, for the purposes of establishment of a clinical diagnosis, rendering of medical and medical social services, maintenance of medical records;
- for the purposes of rendering additional services by the medical centre to personal data subjects, simplifying the procedure for interaction between the medical centre and personal data subjects, for fulfilling the requirements of the rules for rendering paid medical services and checking the quality of services provided;
- for the purposes of payment processing and receipt, as well as disputing or confirming payment receipt;
- for the purposes of maintaining feedback with the user, including sending notifications, requests regarding the use of the TOMOGRAFIYA Medical Centre website, rendering services, processing requests and applications from the user;
- creating and scheduling an account for ordering services and receiving information about them, if the User has agreed to create an account;
- for the purposes of notifying the user of the website of TOMOGRAFIYA Medical Centre about the application status;
- for the purposes of information services, including mass distribution of mail with the consent of the User containing information on service updates, special offers, pricing information, newsletters and other information on behalf of TOMOGRAFIYA Medical Centre
- for the purposes of customer service improvement. The information provided helps responding to customer service and support requests more efficiently;
- for the purposes of improvement of performance of the TOMOGRAFIYA Medical Centre website;
- for the purposes of conducting marketing, statistical and other studies;
- TOMOGRAFIYA Medical Centre does not process other personal data that does not meet the purposes of such processing, as well as the legal rights and interests of personal data subjects.
- TOMOGRAFIYA Medical Centre provides organisational and technical measures independently and at its own expense, as well as takes measures to ensure the protection of personal data of personal data subjects.
PERSONAL DATA PROCESSING
Obtaining of personal data
- When collecting personal data, various methods are involved, including cases when users visit the website of TOMOGRAFIYA Medical Centre, subscribe to newsletters, fill in an application form for services, enter into civil law contracts, including a public offer agreement for rendering of medical services, as well as when the personal data subject applies in person directly to TOMOGRAFIYA Medical Centre for rendering of paid medical services.
- The use of the website of TOMOGRAFIYA Medical Centre by the user means acceptance of this Regulation and terms and conditions of personal data processing. When using the website of TOMOGRAFIYA Medical Centre, the user confirms as follows:
- the user has all the necessary rights that allow them to leave an application for the purchase of services of TOMOGRAFIYA Medical Centre, consultation on services and use the website services;
- the user indicates reliable information about themselves in the amount required to use the website services, the mandatory fields for the further provision of the website services are marked in a special way, all other information is provided by the user at their own discretion;
- the user is acquainted with this Regulation, expresses their agreement with it, and assumes the rights and obligations specified in it.
- Acquaintance with terms and conditions of this Regulation and putting a tick under the link to this Regulation is the written consent of the user to the processing of personal data submitted by them.
- In case of disagreement with terms and conditions of this Regulation, or unwillingness to create an account and register on the website of TOMOGRAFIYA Medical Centre, the user can refuse their personal data processing by sending a notification to e-mail firstname.lastname@example.org, or by contacting TOMOGRAFIYA Medical Centre by telephone.
- Users can visit the website anonymously. However, every time the user visits the website, all information about accessing the website is saved in an anonymous form, such as date, time, pages viewed, requested data, IP addresses of the requesting computers, cookies
- This Regulation applies only to the website of TOMOGRAFIYA Medical Centre. TOMOGRAFIYA Medical Centre does not control and is not responsible for the websites of third parties, to which the user can click on the links available on the website of TOMOGRAFIYA Medical Centre.
- When the personal data subject applies directly to TOMOGRAFIYA Medical Centre, TOMOGRAFIYA Medical Centre obtains the necessary personal data from them in person.
- The personal data subject takes a decision on submission of their personal data and agrees to their processing freely, by their own will and in their interest. Consent to personal data processing is given in writing and should be specific, informed and conscious. The consent of the personal data subject is stored with their other medical documentation, or is a separate item of the contract for rendering of medical services.
- In the event of incapacity of the personal data subject, the legal representative of the personal data subject gives consent to their personal data processing.
- When contacting TOMOGRAFIYA Medical Centre by telephone, the latter has the right to keep information about the call, including the last name, first name, patronymic name, telephone number, and reason for the call.
- In case of the need to verify the personal data of the personal data subject, TOMOGRAFIYA Medical Centre informs the personal data subject in advance about the purposes, intended sources and methods of personal data obtaining, as well as the nature of the personal data to be obtained and the consequences of personal data subject's refusal to give written consent to their obtaining.
Procedure for processing personal data
- Processing of personal data of personal data subjects is performed using automated and non-automated means (mixed method).
- The right to process personal data of the subject is granted to the employees of TOMOGRAFIYA Medical Centre who are authorised to work with certain personal data, as well as third parties who have access to personal data of the subject due to contractual relations with TOMOGRAFIYA Medical Centre on condition of maintaining personal data confidentiality.
- The employee of TOMOGRAFIYA Medical Centre is entitled to use only those personal data, the use of which is necessary for the realisation of job responsibilities and obligations assigned to them.
- The list of persons who have access to personal data is established by the head of TOMOGRAFIYA Medical Centre by signing the relevant order, unless otherwise following from another local regulation approved by TOMOGRAFIYA Medical Centre in accordance with the established procedure.
Storage of personal data media
- Storage of personal data media is performed in accordance with terms and conditions of this Regulation, job descriptions and other local regulations approved by the head of TOMOGRAFIYA Medical Centre.
- Paper personal data media (medical records, printouts, health statements, contracts for rendering of medical services and other documents), as well as digital media (hard drives, CDs, flash cards) are stored in designated cabinets or other storage locations in the rooms.
- The cabinets in which personal data are stored are equipped with locks and, if necessary, other means restricting access to them.
- Only authorised employees have access to such rooms in which cabinets are kept that contain media of personal data of personal data subjects.
- In case of the need to access such room by a person whose access to personal data should be restricted (cleaning, repair works, etc.), it is necessary to ensure sufficient measures that will prevent the realisation of actual threats to personal data.
- The storage period of personal data of personal data subjects is determined by the purpose of personal data processing, as well as in accordance with the validity period of civil law relations between the subject of personal data and TOMOGRAFIYA Medical Centre, the action limitation period, the period of storage of documents in paper form and in electronic databases, other legal requirements, as well as the term of the consent of the subject to personal data processing. Upon expiration of the retention period or loss of the purpose of processing, personal data are subject to destruction, depersonalisation or transfer to the archive.
Transfer of personal data
- Personal data, as well as personal data media are issued directly to the personal data subject.
- Personal data may be submitted to a legal representative, as well as to relatives or family members of the personal data subject, other representatives only with the written consent of the patient or their legal representative.
- TOMOGRAFIYA Medical Centre and other persons who have obtained access to personal data of personal data subjects are obliged not to disclose to third parties and not to distribute personal data without the consent of the personal data subject, unless otherwise provided by law.
General rules for providing information
on health of the patient
- As a general rule, information on health of the patient (the personal data subject) is provided by the attending doctor to the patient themselves, as well as to persons (representatives), the list of which is established by Article 18 of the Law of the Republic of Belarus No. 2435-XII dated June 18, 1993
"On Healthcare" (hereinafter referred to as the Law on Healthcare). Such persons include as follows: for minors – one of the parents, adoptive parents, guardians or caregivers; for persons recognised to be legally incapable – guardians; for persons who are incapable of taking an informed decision for health reasons – a spouse or one of close relatives (parents, adult children, siblings, grandchildren, grandparents).
- An adult patient is also entitled to determine the circle of persons to whom it is possible to provide information about their state of health, or to prohibit its providing to certain persons. This declaration of will is documented in writing, contains in addition to the specified persons a list of information that the patient permits or prohibits providing. This document is stored with other medical documentation containing the personal data of this personal data subject.
- Information on the state of health of minors and the methods chosen for providing them with medical care is provided by the attending doctor in an accessible form for their age, taking into account their psychophysiological maturity and emotional state. This information is provided to a minor patient at the request of the minor themselves or for the purpose of consciously fulfilling their medical prescriptions after consultation with his legal representative.
- Provision of psychiatric care (hereinafter referred to as the Law on the provision of psychiatric care). In accordance with the Law on the provision of psychiatric care, the doctor is entitled to limit the amount of information provided to a patient, if he considers that such information will adversely affect the patient’s mental health or lead them to commit acts threatening their life and/or health, life and/or health of other persons. The fact of providing information to the patient or their legal representative should be documented in the medical record.
- Information constituting a medical confidentiality, without the consent of the patient (their representative) is provided in accordance with Article 46 of the Law on Healthcare. The provision of information constituting a medical confidentiality is allowed upon request issued in a written form and (or) in the form of an electronic document in accordance with the legislation of the Republic of Belarus on electronic documents and electronic digital signature by the following third parties:
- The Ministry of Health of the Republic of Belarus, the main directorates, the directorates (departments) of healthcare of regional executive committees and the Healthcare Committee of the Minsk City Executive Committee in order to organise the provision of medical care to the patient, to monitor, within their competence, the correctness of its provision, or in case of the threat of spread of infectious diseases, as well as in implementation of state sanitary control;
- health institutions with the purpose of organisation of provision of medical care to the patient or in case the threat of spread of infectious diseases;
- prosecuting authorities and the court in connection with an investigation or a trial;
- internal affairs bodies of appearance (non-appearance) of the person obligated to reimburse the expenses spent by the state on the maintenance of children under state provision to the state healthcare institution for medical examination, as well as of passing (non-passing) the medical examination by this person;
- the bodies performing operational investigative activities in connection with the implementation of such activities;
- insurance organisations, Belarusian Transport Insurance Bureau to decide on assignment of insurance payments;
- local military authorities for medical examination of citizens when recruiting for military service;
- inquiry bodies in connection with expert examinations to decide on initiation of a criminal case;
- internal affairs bodies on passing (non-passing) a medical re-examination of drivers of motor vehicles, self-propelled vehicles, the presence of a disease or contraindication that impede the operation of motor vehicles, self-propelled vehicles;
- employers in connection with investigation of an industrial accident and occupational disease;
- in other cases, stipulated by the legislation of the Republic of Belarus.
- In the event of death of a patient in accordance with the Law on Healthcare, the disclosure of information constituting medical confidentiality is also possible in cases listed above on condition of compliance with the form and procedure for the request. In addition, the patient’s representatives will be able to receive this information, as well as persons for whom the patient has given written consent during his lifetime;
- In accordance with the Law on Healthcare, a list of institutions is established to which TOMOGRAFIYA Medical Centre provides information constituting medical confidentiality without the consent of the patient (their representative) without a corresponding request:
- law enforcement agencies if there are grounds for believing that the harm to health is caused as a result of illegal actions, including road accidents, as well as in cases where the patient’s condition or illness can threaten the life and/or health of people, in accordance with the procedure and the list established by the Council of Ministers of the Republic of Belarus;
- state government bodies, organising events and coordinating the activities of republican government bodies, local executive and administrative bodies in the course of eliminating the consequences of natural and manmade emergencies, acts of terrorism and riots, in relation to persons affected by natural and manmade emergencies, acts of terrorism and riots;
- Ministry of Foreign Affairs of the Republic of Belarus in relation to foreign citizens affected by natural and manmade emergencies, acts of terrorism and riots.
Protection of personal data of personal data subjects
- Personal data protection is a set of measures aimed at ensuring the confidentiality of information regarding personal data, preserving medical confidentiality.
- Personal data of personal data subjects is protected by all employees of TOMOGRAFIYA Medical Centre on the basis of a set of approved documents and measures governing the rules for personal data processing, as well as with the involvement of specialised organisations.
- Protection of personal data in information systems used by TOMOGRAFIYA Medical Centre is performed in accordance with this Regulation, job descriptions and other local regulations approved by the head of TOMOGRAFIYA Medical Centre.
- In order to ensure the safety and confidentiality of personal data, all operations on processing, maintaining and storing this information are performed only by authorised employees who are obligated to keep medical and professional confidentiality in accordance with their job obligations established in their job descriptions.
Destruction of personal data
- Destruction of documents (media) containing personal data is performed by burning, crushing (grinding), chemical decomposition, transformation into a shapeless mass. Destruction of paper documents is allowed to be performed using a shredder.
- Personal data on electronic media are destroyed by erasing or formatting.
- The fact of destruction of personal data is documented by an act of destruction of media.
RIGHTS OF THE PERSONAL DATA SUBJECT
The personal data subject is entitled:
- to receive information concerning the processing of their personal data, including data containing:
- confirmation of the fact of processing of personal data;
- legal bases and purposes of the processing of personal data;
- purposes and methods of personal data processing applied by the operator;
- name and location of TOMOGRAFIYA Medical Centre, information about persons who have access to personal data or to whom personal data can be disclosed on the basis of the agreement with TOMOGRAFIYA Medical Centre or on the basis of legislation;
- processed personal data relating to the relevant personal data subject, the source of their obtaining, unless a different procedure for submitting such data is stipulated by the legislation;
- time periods of personal data processing, including periods of their storage.
- to have unrestricted access to their personal data, including the right to receive copies of any record containing their personal data, except cases stipulated by the legislation;
- to demand from TOMOGRAFIYA Medical Centre to improve their personal data, to block or destroy it, if such data are incomplete, outdated, inaccurate, illegally obtained or not required for the declared purpose of processing;
- to protect their rights and legitimate interests, including recovery of losses and (or) compensation for moral harm by court of law.
OBLIGATIONS OF TOMOGRAFIYA MEDICAL CENTRE
- TOMOGRAFIYA Medical Centre is obliged to:
- when collecting personal data, provide information on the processing of personal data;
- in cases where personal data was not received from the personal data subject, notify the subject thereof;
- in case of refusal to provide personal data, explain to the personal data subject the consequences of such refusal;
- publish or otherwise provide unrestricted access to this Regulation;
- take the necessary legal, organisational and technical measures or ensure their adoption for the protection of personal data from unlawful or accidental access to them, destruction, modification, blocking, copying, provision, distribution of personal data, as well as other illegal actions in relation to personal data;
- respond to inquiries and requests of personal data subjects, their representatives and the authorised body for the protection of rights of personal data subjects;
- notify users of the website of TOMOGRAFIYA Medical Centre about the use of a contact telephone number, e-mail address specified when using the website and (or) its services, of sending the information.
At any time, the user can unsubscribe from newsletter: unsubscription is made by sending a notification to email@example.com or by contacting the Medical Centre by telephone; detailed instructions on unsubscription from newsletter are presented at the bottom of each e-mail.
- The information specified in paragraph 5.1.1 of this Regulation shall be provided to the personal data subject in an accessible form, it should not contain personal data relating to other subjects of personal data, except in cases where there are legal bases for disclosing personal data.
- The information specified in paragraph 5.1.1 of this Regulation is provided to the personal data subject or their representative by TOMOGRAFIYA Medical Centre when contacting or receiving a request from the personal data subject or their representative within fifteen (15) working days from the date of receipt of the request.
- The request should contain the number of the main document certifying the identity of the personal data subject or their representative, information on the date of issue of the specified document and the issuing authority, information confirming the legal relations of the personal data subject and TOMOGRAFIYA Medical Centre (contract number, date of contract, medical record number, etc.), or other information confirming the fact of the processing of personal data by the Medical Centre, the signature of the personal data subject or their representative.
RESPONSIBILITY FOR VIOLATION OF REGULATIONS GOVERNING PROCESSING AND PROTECTION OF PERSONAL DATA
- Persons guilty of violating regulations that establish processing and protection of personal data of personal data subjects are subject to disciplinary, administrative, civil or criminal liability in accordance with the current legislation.
RESPONSIBILITY FOR VIOLATION OF REGULATIONS GOVERNING PROCESSING AND PROTECTION OF PERSONAL DATA
- This Regulation enters into force on the date of approval by the head of the Medical Centre.
- TOMOGRAFIYA Medical Centre is entitled to introduce changes to this Regulation at its own discretion at any time. The new version of the Regulation shall enter into force from the date of its approval by the head, unless otherwise stipulated by the new version of the Regulation.
- The current version of the Regulations is a public document developed by TOMOGRAFIYA Medical Centre and is available to any visitor, patient, user of the website of TOMOGRAFIYA Medical Centre.
The current version of the Regulation in paper form is stored at the Medical Centre. The electronic version of the current version of the Regulation is publicly available on the website of TOMOGRAFIYA Medical Centre.