Notes on data protection of university clinic Bonn (UKB) for internal reporting channels and pro-cedures as per Directive (EU) 2019/1937
1. Name and Address of the Data Controller
The data controller (hereinafter: 'Controller') as mandated by the General Data Protection Regula-tion and other national data protection laws from member states as well as other regulations rele-vant to data protection is:
University Clinic Bonn
Anstalt des öffentlichen Rechts (AöR)
Phone: + 49 228 287-0
2. Name and Address of the Data Protection Officer
For general questions regarding data protection at UKB please contact our data protection officer
Mr. Achim Flender
3. General Information on Data Processing
3.1. Scope of Processing of Personal Data
We process the personal data of our users only insofar as this is necessary for the processing of a specific information provided via internal reporting channels. Routine processing of our users’ per-sonal data is performed regularly with the consent of the user. An exception comes in cases where the prior acquisition of consent is not possible for practical reasons and stipulations allowing for such processing are included in the legal requirements.
3.2. Purpose of internal/external reporting channels and legal basis for the processing of personal data
The internal reporting channels and procedures serve to receive, process and manage information about criminal acts or a systematic violation of laws or internal company rules of the University Clinic Bonn AöR and its subsidiaries in a secure and confidential manner. The processing of personal data in this context is based on the legitimate interest of our clinic in the detection and prevention of wrongdoing and thus in the prevention of damage to the clinic, its employees and patients. The legal basis for this processing of personal data is Article 6 (1f) EU-GDPR.
3.3. Erasure of Data and Duration of Storage
The personal data of the data subject (reporting person) is to be erased or locked as soon as the purpose for storage no longer applies, but at the latest after the expiry of the limitation period.
3.4. Nature of personal data collected
The report is given on a voluntary basis. When you submit a notice, we collect the following per-sonal data and information:
- Your name, if you disclose your identity,
- names of persons, if applicable, and other personal data of the persons you name in your report.
4. Treatment of incoming reports
4.1. Handling of personal data when using the whistleblower portal (intranet only!)
The communication between your computer and the report form takes place via an encrypted connection (SSL). The IP address of your computer is not stored during the use of the reporting portal. To maintain the connection between your computer and the report form, a cookie is stored on your computer that only contains the session ID (so-called zero cookie). The cookie is only valid until the end of your session and becomes invalid when you close the browser.
Personal data and information entered in the reporting form are forwarded in encrypted form to the mailbox of the Internal Audit & Compliance department. Only employees of the Internal Audit & Compliance department can access the data. IT administrators and other third parties do not have access to the data. This is ensured by encryption and technical and organizational measures.
All data is stored in encrypted form and password-protected on several levels and is subject to an authorization concept so that access is restricted to a very narrow group of recipients who are ex-pressly authorized at UKB.
4.2. Notes on attachments / annexes
When communicating via internal reporting channels, you have the option of submitting attach-ments / appendices. If you wish to submit a report anonymously, please note the following security note: Files or other attachments may contain hidden personal data that could jeopardize your ano-nymity. Remove this data before sending.
4.3. Information of the person concerned
In principle, we are legally obligated to inform the persons concerned that we have received a re-port /information on breaches concerning their person as soon as this information no longer jeop-ardizes the follow-up of the information. Your identity as a whistleblower will not be disclosed - insofar as this is legally permissible.
4.4. Confidential treatment of reports/information on breaches
Incoming reports are received only by a narrow circle of expressly authorized and specially trained employees of the clinic's Internal Audit & Compliance department and is always treated confiden-tially. The employees of the Internal Audit & Compliance department examine the facts of the case and, if necessary, carry out further case-related clarification of the facts.
In the course of processing a report or in the course of a special investigation, it may be necessary to pass on information to other employees of the hospital or employees of other group companies, e.g. if the information relates to processes in subsidiaries. We always ensure that the relevant data protection regulations are observed when passing on information.
Any person who gains access to the data is obligated to maintain confidentiality.
4.5. Feedback channel
Confirmation of receipt of a report and contact for possible queries can only be made in the case of non-anonymous tips. Confidential communication is guaranteed by the UKB. If you wish to receive feedback, you can specify how this should be done.
5. Rights of the data subject (reporting person)/person concerned
5.1. Right to correction
If inaccurate or incomplete personal data is processed, you have a right to correction (Art. 16 EU-GDPR).
5.2. Right to information
If your personal data is processed, you have the right to obtain information about the data stored about you (Art. 15 EU-GDPR).
5.3. Right to restriction of data processing
You may request the restriction of the processing of personal data concerning you under the fol-lowing conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the data controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you object to the erasure of the personal data and request in-stead the restriction of the use of the personal data;
(3) the controller no longer requires the personal data for the purposes of processing, but you need them for the assertion, exercise or defense of legal claims; or
(4) if you have objected to the processing pursuant to Article 21 (1) EU-GDPR and it has not yet been determined whether the legitimate grounds of the controller outweigh your grounds.
If the processing of personal data concerning you has been restricted, this data may - apart from being stored - only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State. If the processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
5.4. Right to deletion
a) Deletion obligation
You may request the controller to delete the personal data concerning you without undue delay. The controller is obliged to delete this data immediately if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6 (1) a or Art. 9 (2) a EU-GDPR and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Article 21 (1) of the EU-GDPR and there are no overrid-ing legitimate grounds for the processing, or you object to the processing pursuant to Article 21 (2) of the EU-GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary for compliance with a legal obliga-tion under Union or Member State law to which the controller is subject.
(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) EU-GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursu-ant to Article 17(1) of the EU-GDPR, it shall take reasonable measures, including technical measures, to inform data controllers processing the personal data that you, as the data subject, have requested erasure of all links to or copies or replications of such personal data, taking into account the available technology and the cost of implementation.
The right to erasure does not exist insofar as the processing is necessary for
(1) the exercise of the right to freedom of expression and information;
(2) compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Arti-cle 9(3) of the EU-GDPR;
(4) archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the EU-GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such pro-cessing; or
(5) for the assertion, exercise or defense of legal claims.
5.5. Right to notification
If you have asserted the right to rectification, erasure or restriction of processing against the con-troller, the controller is obliged to notify all recipients to whom the personal data concerning you has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients by the controller.
5.6 Right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the pro-cessing of personal data concerning you, which is carried out based on Article 6(1)(e) EU-GDPR. In the event of the objection, the controller will no longer process the personal data concerning you, unless it can demonstrate compelling legitimate grounds for the processing, which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
5.7 Right to revoke the declaration of consent under data protection law.
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out based on the consent until the revocation.
5.8 Right to file a complaint with the supervisory authority
Every data subject has the right to file a complaint with the supervisory authority for data protec-tion if he or she is of the opinion that the processing of data concerning him or her violates data protection provisions (Art. 77 of the EU-GDPR). The complaint to the supervisory authority can be made informally. The following supervisory authority for data protection is responsible for the Uni-versity Hospital Bonn (AöR):
Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen
P.O. Box 20 04 44
Fax: +49 211/38424-999