Responsibilities of a General Clinic in Cases of Personal Data Disclosure

A General Clinic is a healthcare facility responsible for storing and processing patients’ sensitive personal information. The disclosure of personal data at a General Clinic not only constitutes a legal violation but can also result in serious consequences. So, what are the responsibilities of a General Clinic when the personal data of data subjects is disclosed under the latest regulations?

This article by VDPC will analyze the specific legal obligations related to sensitive personal data that General Clinics must comply with, while also clarifying the applicable administrative penalties in accordance with the law.

Căn cứ pháp lý:

Article 3, 7, 8, 37 Law on Personal Data Protection 2025
Article 46 Decree No. 98/2020/ND-CP as amended and supplemented by Decree No. 24/2025/ND-CP
Article 4, 38 Decree No. 117/2020/ND-CP

1. Responsibilities of the General Clinic

A General Clinic may act as a Personal Data Controlling Party (an agency, organization, or individual that determines the purposes and means of personal data processing) or as a Personal Data Controlling and Processing Party (an agency, organization, or individual that determines the purposes, means, and directly processes personal data). Accordingly, the clinic may have the following responsibilities:

(1) The Personal Data Controlling party bears the following responsibilities:

Specify the responsibilities, rights, and obligations of the concerned parties to be complied with in agreements or contracts regarding personal data processing, pursuant to regulations
Decide on the purposes and means of personal data processing in documents and agreements with personal data subject matters, ensuring compliance with the principles and contents
Adopt appropriate managerial and technical measures to protect personal data according to the law and review and update such measures if necessary
Issue notices of violations against personal data protection regulations
Select an appropriate personal data processing party to process personal data
Ensure the rights of personal data subject matters
Assume responsibility before personal data subject matters for any damage arising from personal data processing
Prevent unauthorized collection of personal data from its system, equipment, and service
Cooperate with the Ministry of Public Security of Vietnam and competent state authorities in protecting personal data, providing information serving the investigation, and handling violations against personal data protection laws
Implement other responsibilities pursuant to regulations.

(2) The Personal Data Controlling and Processing party bears the following responsibilities:

Specify the responsibilities, rights, and obligations of the concerned parties to be complied with in agreements or contracts regarding personal data processing
Only receive personal data after concluding an agreement or contract on personal data processing with the personal data controlling party or personal data processing and controlling party
Decide on the purposes and means of personal data processing in documents and agreements with personal data subject matters, ensuring compliance with the principles and contents
Adopt appropriate managerial and technical measures to protect personal data and review and update such measures if necessary
Process personal data in compliance with the agreement or contract concluded with the personal data controlling party
Issue notices of violations against personal data protection regulations
Select an appropriate personal data processing party to process personal data

Additionally, there are other responsibilities, such as:

Ensure the rights of personal data subject matters
Adequately implement measures to protect personal data pursuant to regulations
Assume responsibility before personal data subject matters for any damage arising from personal data processing
Assume responsibility before the personal data controlling party or personal data processing and controlling party for any damage arising from personal data processing
Prevent unauthorized collection of personal data from its system, equipment, and service
Cooperate with the Ministry of Public Security of Vietnam and competent state authorities in protecting personal data, providing information serving the investigation, and handling violations against personal data protection laws
Implement other responsibilities pursuant to regulations

2. What responsibilities does a General Clinic bear when the personal information or data of a data subject is disclosed?

Regarding liability, in the event of personal data disclosure, according to regulations, a General Clinic may be subject to the following responsibilities:

Pursuant to the Law on Personal Data Protection, the disclosure of personal data constitutes a prohibited act. Accordingly, organizations or individuals committing such violations may be subject to administrative sanctions, with a maximum fine of up to 3,000,000,000 VND. With respect to civil liability, violators may also be required to compensate data subjects for any damages incurred, where applicable.
According to Decree No. 98/2020/ND-CP, the act of transferring consumers’ information to a third party without the consumers’ consent may be subject to administrative fines ranging from 30,000,000 VND to 40,000,000 VND.
Pursuant to Decree No. 117/2020/ND-CP, the act of disclosing a patient’s health status, provided information, or medical records held by the General Clinic may be fined from 2,000,000 VND to 6,000,000 VND.
In addition, the disclosure of a data subject’s personal information may also affect reputation, credibility, revenue, or even disrupt the clinic’s operations if the incident is severe.

CONCLUSION

A General Clinic has a very high legal responsibility to protect sensitive personal data. Ensuring the security of medical information is crucial, requiring the clinic to regularly review its security systems and train staff according to strict legal standards.

The above outlines the Responsibilities of a General Clinic in Cases of Personal Data Disclosure. For any further inquiries regarding this matter, please contact VDPC for the most accurate advice and support.

Sincerely!

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The above is a summary and analysis of legal regulations based on the Advisor’s perspective for reference purposes only. This content does not apply to any specific real-world case, and VDPC shall not be held liable for any application by readers based on the aforementioned information without obtaining professional consultation from experts. Readers are kindly requested to contact us for precise advice tailored to your specific case of interest. Sincerely!

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