Responsibilities of a Pediatric Specialty Clinic in Cases of Personal Data Disclosure

A Pediatric Specialty Clinic is a healthcare facility responsible for storing and processing patients’ sensitive personal data. A personal data disclosure incident occurring at a Pediatric Specialty Clinic not only constitutes a violation of the law but may also result in serious legal and practical consequences. In this context, what responsibilities does a Pediatric Specialty Clinic bear when the personal data of data subjects is disclosed under the latest regulations?

In this article, VDPC analyzes the specific legal obligations relating to sensitive personal data that Pediatric Specialty Clinics are required to comply with, while also clarifying the applicable administrative penalties in accordance with the law.

Legal basis:

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

1. Responsibilities of a Pediatric Specialty Clinic

A Pediatric Specialty Clinic may act either as a Personal Data Controller (being an agency, organization, or individual that determines the purposes and means of personal data processing) or as a Personal Data Controller and Processor (being an agency, organization, or individual that determines the purposes and means of processing and directly processes personal data). Accordingly, the clinic may bear 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 Pediatric Specialty Clinic bear in the event of disclosure of the personal data of data subjects?

With respect to legal liability, in the event of the disclosure of personal data of data subjects, the Pediatric Specialized Clinic may, in accordance with the applicable regulations, be subject to the following liabilities:

pursuant to the Law on Personal Data Protection, the disclosure of personal data constitutes a prohibited act. Accordingly, any organization or individual committing such a violation may be subject to administrative sanctions with a maximum fine of up to 3 billion VND. In addition, with regard to civil liability, the violator may also be required to compensate the personal data subject for any damages incurred, where such damages arise in practice..
Pursuant to Decree No. 98/2020/ND-CP, the act of transferring consumer information to a third party without the consumer’s 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 medical condition, information provided by the patient, or medical records at a Pediatric Specialized Clinic may be subject to administrative fines ranging from 2,000,000 VND to 6,000,000 VND.
In addition to the aforementioned legal liabilities, the disclosure of personal data of data subjects may also result in serious adverse consequences, including negative impacts on the reputation, credibility, and revenue of the Pediatric Specialized Clinic, or even disruption of its operations, particularly where the incident occurs on a serious scale.

CONCLUSION

Pediatric Specialized Clinics bear a very high level of legal responsibility in safeguarding sensitive personal data. Ensuring the security of medical information is a critical requirement, which necessitates that such clinics regularly review and strengthen their information security systems and provide ongoing training for personnel in compliance with strict legal standards prescribed by law.

The foregoing sets out the Responsibilities of a Pediatric Specialty Clinic in Cases of Personal Data Disclosure. Should you have any questions or require further clarification regarding this matter, please contact VDPC for accurate and professional consultation 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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