Processing of personal data
Patient information regarding the processing of personal data
I. The identification of the personal data controller
The Clinic ORIGYN FERTILITY CENTER belongs to FERTIGYN SRL (next referred to as ”FERTIGYN”), based in Iași, 3C Palat Street, block E3, 1st floor, Iași County, and work points in Iași, 1-3 Grigore Ureche Street, block Walter Mărăcineanu, mezzanine floor, Iași County, and in Suceava, 2 Meseriașilor Street, commercial space - Pharmacy 72, block 10, ground floor, Suceava County, with the contact phone numbers 0751 263 263 or 0756 379 565, website https://www.origyn.ro/e-mail address firstname.lastname@example.org,registered at the Iași Trade Register Office with the number J22/1673/2009, and with the Tax Identification Number 26102969. FERTIGYN is the controller of personal data and, in this capacity, processes the personal data of the patients.
According to the European Regulation 679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (next referred to as the “Regulation” or “GDPR”), which took effect on 25.05.2018, FERIGYN has the obligation to inform you about how it applies and complies with the GDPR provisions.
II. The contact details of the Data protection officer
The data protection officer may be contacted at the email address email@example.com..
III. The processing purposes
Personal data are processed by FERTIGYN for the following purposes:
- to provide medical services as requested:
- scheduling appointments;
- offering medical services to couples with fertility problems (infertility diagnosis, infertility treatments, IVF/ICSI/IMSI procedures);
- conducting consultations and medical investigations with the help of specialised equipment located at the Clinic;
- collecting, storing, and using biological samples in order to conduct laboratory tests;
- drafting medical analysis reports containing the results of investigations;
- presenting the prognosis, establishing the diagnosis, and prescribing treatment;
- monitoring during pregnancy;
- harvesting human reproductive cells;
- processing, preserving, storing, and distributing reproductive cells;
- using human cells for therapeutic purposes (in vitro fertilisation);
- presenting therapeutic strategy proposals;
- describing and conducting medical/surgical interventions;
- conducting real-time PCR testing for COVID-19 (at the Clinic’s laboratory located in Iași, 1-3 Grigore Ureche Street, block Walter Mărăcineanu, mezzanine floor, Iași County), based on appointment.
- to carry out other activities:
- reporting health care services to: the Iași Public Health Department, the National Transplant Agency, the European Society of Human Reproduction and Embryology (ESHRE);
- promoting the medical services offered by FERTIGYN (based on the consent expressed by the patient);
- conducting scientific research (based on the consent expressed by the patient);
- in legitimate interest:
- transmitting patients’ personal data and biological samples collected by contractual partners (laboratories) from the European Union, in case of medical tests and/or investigations of high complexity;
- carrying out rapid tests for COVID-19 in the case of patients who are unvaccinated against the coronavirus;
- requiring patients scheduled for assisted human reproduction procedures and who are unvaccinated against the coronavirus to present with a recent negative COVID-19 test result or to undertake a Real-time PCR test for COVID-19;
- analysing and monitoring commercial risks;
- identifying and preventing crime, fraud, and money laundry;
- drafting activity reports.
IV. The legal ground which forms the basis for the processing of personal data is set by the following provisions:
- art. 9(a)(a) from GDPR: “the data subject has given explicit consent to the processing of those personal data for one or more specified purposes”;
- art. 6(1)(a) from GDPR: “the data subject has given consent to the processing of his or her personal data for one or more specific purposes”;
- art. 6(1)(c) from GDPR: “processing is necessary for compliance with a legal obligation to which the controller is subject”;
- art. 6(1)(f) from GDPR: “processing is necessary for the purposes of the legitimate interests pursued by the controller”.
The legal ground of processing operations is regulated by:
- the provisions of the Regulation and the Romanian legislation for its application;
- the legal framework governing activity in the field of health care in Romania; Law 95/2006 on healthcare reform, republished, with subsequent changes and addenda; Patients’ Rights Law 46/2003; Order 1410/2016 regarding the approval of the Norms for the application of the Patients’ Rights Lae 46/2003; Decision 438/28.05.2020 supplementing Annex 2 of Government Decision 140/2018 for the approval of service packages and of the Framework Contract regulating the conditions for the provision of medical assistance, medication, and medical devices within the social health insurance system for 2018-2019, as well as for the establishment of measures in healthcare in the epidemiological context created by the spread of the SARS-CoV-2 coronavirus; Law 136/2020 regarding the establishment of a series of measures in the field of public health in situations of epidemiological and biological risk;
- financial, accounting, and fiscal legislation: Law 31/1990 on companies, republished; Accountancy Law 82/1991republished and updated; Law 227/2015 (the Fiscal Code); Law 207/2015 (the Fiscal Procedure Code); OMFP 2634/2015 on financial and accounting documents;
- legislation regarding the guarding and protection of assets and persons: Law 333/2003 (on the security services of the objectives, goods, values and personal protection) republished in 2014; Government Decision no. 301/2012,updated in 2015, regarding the approval of Methodological Norms for the application of Law 333/2003;
- normative acts regarding paper-based and electronic archiving.
V. Categories of processed personal data
To provide medical services in optimal conditions and to comply with applicable legal requirements, FERTIGYN processes the following categories of personal data:
- identification data: surname, first name, citizenship, date of birth, age, sex, marital status;
- contact data: home address, telephone/fax number, e-mail address;
- national identification numbers: personal identity code (CNP);
- special categories of personal data: genetic data (samples of biological material collected from patients in order to conduct medical tests, including for COVID-19 testing), blood type, Rh, biometric data for the unique identification of a natural person, health data (information form the patient’s medical record, medical test results, proposed tests, diagnosis, medical interventions), information regarding sexual activity, allergies, personal antecedents, COVID-19 test results, data from the COVID-19 vaccination certificate;
- other personal data: signature, occupationy, video footage recorded by the security systems on the premises.
VI. The recipients of personal data
The recipients of personal data processed by FERTIGYN are the patients, the FERTIGYN staff, and the partner laboratories conducting medical invesigations.
VII. Data transfers, including to third countries
To conduct medical tests and/or investigations of high complexity, FERTIGYN has established collaborations with a series of laboratories in the country, from within the European Union, as well as with internationally renowned laboratories from the U.S.A. and from Hong Kong.
Where the carrying out of analyses or tests requested by the patients requires the transmission of biological samples and personal data to other EU Member States, the data will be processed on the basis of FERTIGYN’s legitimate interest to increase the performance and precision of investigations.
In specific situations where the carrying out of tests requires the transmission of patient data to partner laboratories from the U.S.A. and Hong Kong, the patients concerned will be asked for their explicit consent (such transfers will only be conducted with the patient’s agreement).
VIII. The retention period of personal data
Patient data will be retained only during the period of time required for the fulfilment of the purposes for which the patients presented to the Clinic ORIGYN FERTILITY CENTER, in accordance with internal procedures regarding data storage and security, including archiving rules applicable at FERTIGYN. For specific situations, legal provisions are in place which set out the obligation to retain data for an extended period of time while ensuring their confidentiality and security.
IX. The rights of the data subjects
According to GDPR, the patients as data subjects benefit from the following rights:
- the right of access: refers to the right of access to processed personal data and to information regarding the means of processing;
- the right to rectification: the rectification by the controller of inaccurate or incomplete personal data, at the request of the data subject concerned;
- the right to object: the data subject has the right to object to the processing;
- the right to erasure: grants the data subject the right to request the erasure of stored data when no longer necessary for the fulfilment of the purposes for which it was collected, when the data subject withdraws his or her consent and there is no other legal ground for processing, when the data subject considers that the data was processed illegally, or to comply with a legal obligation;
- the right to restriction of processing: in certain situations, the data subject may obtain the restriction of processing his or her personal data, such as when the processing is considered illegal by the data subject or the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- the right to data portability: the data subject has the right to receive the personal data which he or she has provided to the controller, in a structured, commonly used, and readable format, or to request the transmission of those data to another controller.
In addition, the data subjects have the right to withdraw their consent at any time, without affecting the lawfulness of the personal data processing carried out by the controller up to that moment.
Where a data subject considers that the data processing infringes on the rights provided by the European Regulation, he or she may submit a written complaint (dated and signed) to the controller FERTIGYN at the address mentioned at the top of the present document, or he or she may submit it to the Data protection officer via e-mail at firstname.lastname@example.org..
Concurrently, data subjects have the right to lodge a complaint at the National Supervisory Authority for the Processing of Personal Data (28-30 General Gheorghe Magheru Bvd, Sector 1, postal code 010336, Bucharest, telephone number 0318 059 211, e-mail address email@example.com),for which the procedure is posted on the website of the Authority at www.dataprotection.ro.
X. Automated decision-making, including profiling
Controller FERTIGYN does not use automated profiling when processing personal data.
XI. Technical and organisational measures for the protection of personal data
FERTIGYN has implemented all the technical and organisational measures of conformity to the provisions of the European Regulation, so that the processing procedures which it carries out ensure the confidentiality and security of personal data.
XII. The provision of personal data necessary for the controller’s compliance with a legal obligation operatorului
The legal provisions mentioned in section IV require us to ask for and to process the categories of data enumerated in section V. As a result, insofar as patients do not consent with the processing of their personal data, it will be impossible for FERTIGYN to provide medical services to them as requested.