Personal Data Protection in Dental Practices: Requirements, Risks and Practical Guidelines

1. Key GDPR and Bulgarian Personal Data Protection Act Requirements for Dental Practices

Dental clinics process a special category of personal data – patients’ health information. This means that stricter rules on lawfulness and security apply. The General Data Protection Regulation (GDPR) requires every processing activity to have a valid legal basis (e.g., legal obligation or contract), as well as a special condition under Article 9, Paragraph 2 GDPR when health data is involved. Importantly, and contrary to what has been accepted in practice, explicit patient consent is not required in the daily activities of a dentist, since legislation provides for other grounds – primarily, the provision of healthcare services by a medical professional bound by a duty of professional secrecy. Even so, clinics must comply with the core GDPR principles: collect only the minimum data necessary, use it solely for the specified purposes (treatment, reporting to the National Health Insurance Fund, etc.), and ensure data integrity and confidentiality.

Transparency towards patients is a key obligation. From the very first visit, clinics must provide the legally required information, including: the identity of the data controller (the clinic), the purposes for which data is collected, possible data recipients, retention periods, etc. In practice, this is usually implemented through a clear document such as a Privacy Policy. Patients must also be made aware of their rights, including but not limited to: the right of access to their data; the right to rectify inaccurate data; under certain conditions – the right to erasure or restriction of processing.

Accountability and responsibility: Owners of dental practices must proactively implement internal rules and measures demonstrating compliance with the GDPR. The Bulgarian Personal Data Protection Act (PDPA) grants the Commission for Personal Data Protection (CPDP) authority to carry out inspections and require evidence of compliance.

2. Typical Risks and Deficiencies Leading to Sanctions

Outlined below are some of the most common deficiencies identified by the supervisory authority in the healthcare sector:

• Lack of measures and internal rules: Some clinics still lack the necessary policies and technical safeguards. The absence of clearly defined registers and procedures often leaves certain categories of data (e.g., CCTV recordings, employee or contractor data) unprotected. On a separate note, obligations relating to employee data are also frequently overlooked.

• Insufficient access control: A common violation is granting access to medical information to individuals who are not expressly authorized or legally entitled to receive it. Each team member should only have access to the data necessary for their work (the “need-to-know” principle), yet this is not always respected in practice.

• Improper data storage: Poor organization of archives – e.g., unlocked cabinets with paper health records, printed patient lists left in accessible areas – creates risks of unauthorized access. Maintaining large volumes of paper documentation without adequate safeguards increases the likelihood of breaches. Equally risky is the failure to secure electronic systems (absence of passwords, antivirus protection, backups, etc.).

• Lack of awareness and training: In some clinics, staff are not familiar with data protection rules – no training has been provided, and no designated contact person exists for data protection issues. This leads to mistakes such as disclosing or refusing information unlawfully. Failure to provide patients with the legally required information (e.g., handing out a privacy notice) is also a frequent weakness, which may result in sanctions.
  

These deficiencies have indeed been the cause of subsequent sanctions, and particular attention should be paid to the fact that the fines imposed on undertakings for non-compliance with GDPR are among the most severe. For example, even the failure to provide a patient or an employee with the information required under the GDPR at the time of collecting their personal data may give rise to the imposition of an administrative pecuniary sanction.

3. Good Practices and Compliance Measures

To comply with the requirements of the GDPR and avoid sanctions, dental practices should implement a comprehensive data protection program. Below are some good practices and compliance measures, in line with the recommendations of experts and the supervisory authority:

• Internal rules and policies: Draft clear internal rules for data protection – e.g., privacy policies, instructions on handling patient files, and data breach response procedures. These documents should be reviewed and updated regularly. Management should conduct periodic internal audits to ensure compliance.

• Technical safeguards: Apply up-to-date information security measures. Encrypt electronic health data to significantly reduce the risk of unauthorized access in case of a breach. Use strong passwords and role-based access controls. Store paper records in locked cabinets, restrict access to archives, and maintain logs of record movements. Regularly back up digital data and store it securely.

• Staff training and awareness: Provide regular training on data protection and cybersecurity. Every employee should understand the basic principles (e.g., not disclosing patient information over the phone to an unverified caller, not leaving files unattended). Training can be short seminars or internal instructions distributed via email but must be practical. Raising privacy awareness is critical: once staff understand why protecting sensitive health data matters, they are far more likely to follow procedures strictly.

• Transparency and patients’ rights: Establish a standard practice of providing patients with information materials regarding their rights and the manner in which the clinic processes their data. For example, brochures or privacy notices may be made available in the waiting area, and the clinic’s website may include a dedicated privacy policy section. Ensure that upon registration of a new patient, they are provided with an information notice for signature, which clearly and comprehensibly sets out all legally required details. Internally, establish a procedure for responding to patient requests. This will demonstrate compliance with the principle of transparency and help prevent complaints.

By following these steps, dental clinics can significantly reduce the risk of personal data breaches. Regular monitoring and a proactive approach are essential – GDPR requires not only reactive measures after a violation but also ongoing protection and preparedness. Ultimately, proper handling of patients’ personal data builds trust in the clinic and forms an integral part of high-quality healthcare in modern practice.

To remain compliant and ensure the protection of both patients and the clinic itself, it is advisable for dental practices to consult a specialist with proven experience in this sector, who can prepare the necessary documentation and internal policies tailored to the specifics of their operations.

The Law Office offers expertise in the field of personal data protection for dental practices, which are among its clients in the healthcare industry. For more information, you can get in touch via the contact form.

Disclaimer: The analysis and information provided in this article are for general informational purposes only and should not be considered legal advice. If you require legal assistance in relation to a specific case, we recommend consulting a competent attorney. The author assumes no liability for actions taken based on the content of this publication.