Responsibilities of a Hospital in Cases of Personal Data Disclosure

Hospitals are healthcare facilities responsible for storing and processing patients’ sensitive personal information. The disclosure of personal data in hospitals not only constitutes a legal violation but also results in serious consequences. So, what are the responsibilities of hospitals 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 data that Hospitals must comply with, while also clarifying the applicable administrative penalties in accordance with the law.

Legal basis:

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

1. Responsibilities of a Hospital

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

(1) The responsibilities of the Personal Data Controlling party are as follows:

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 responsibilities of the personal data processing party:

Specify the responsibilities, rights, and obligations to be complied with of concerned parties in agreements or contracts concerning 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 according to the law 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

In addition, there are other responsibilities such as:

Ensure the rights of personal data subject matters
Implementing all personal data protection measures as required by law
Assume responsibility before personal data subject matters for any damage arising from personal data processing
Assume responsibility before Personal data controlling party, 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 hospital bear when the personal information or data of a data subject is disclosed?

Regarding responsibilities, in the event of personal data disclosure of a data subject, a hospital may be liable as follows:

According to the Law Personal Data Protection, such acts are strictly prohibited concerning personal data. Organizations or individuals that commit violations may be subject to administrative fines of up to 3 billion VND. Regarding civil liability, they may also be required to compensate for any damages caused to the data subject, if applicable.
Pursuant to Decree No. 98/2020/NĐ-CP, the act of transferring consumers’ information to a third party without the consumers’ consent may be subject to an administrative fine ranging from 30,000,000 VND to 40,000,000 VND.
Pursuant to Decree No. 117/2020/NĐ-CP, the act of disclosing a patient’s medical condition, information provided by the patient, or hospital medical records may be subject to a fine ranging from 2,000,000 VND to 6,000,000 VND.
Additionally, the disclosure of personal data may affect the Hospital’s reputation, credibility, revenue, or even its operations if the incident occurs at a serious level.

CONCLUSION

Hospitals bear a very high legal responsibility in safeguarding sensitive personal data. Ensuring the security of medical information is a critical factor, requiring hospitals to regularly review their security systems and train personnel in accordance with strict legal standards.

The above outlines the Responsibilities of a Hospital in Cases of Personal Data Disclosure. If you have any further questions on this matter, please contact VDPC for the most accurate advice and support.

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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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