The Federal Office for Safety in Health Care (BASG) handles your personal data very carefully and the following data protection information is intended to give you an overview of how your data is processed and what measures we take to protect it. We therefore process your data exclusively on an existing legal basis (in particular DSGVO, DSG, TKG 2003, GESG, contract, legitimate interest, consent).
The person responsible for data processing is the Federal Office for Safety in Health Care, Traisengasse 5, 1200 Vienna.
The data protection officer can be contacted at datenschutzbasg.gvat .
The legal framework is laid down in the Health and Food Safety Act (GESG), Federal Law Gazette I No. 63/2002 as amended. In fulfilment of its statutory duties, the BASG is entitled to process personal data and, in addition, the rights and obligations under Art. 13 (duty to provide information when personal data are collected from the data subject), Art. 14 (duty to provide information when personal data are not collected from the data subject), Art. 18 (right to restrict processing) and Art. 21 (right to object) DSGVO are excluded.
Personal data is data and information that can be traced back to an identified or identifiable person. Examples: Name, address, telephone number, e-mail, profession, education, health data, hobbies, IP address, etc.
Depending on the specific processing purpose, inventory, customer, contact, order, health and communication data as well as image data are processed in particular.
The following legal basis is applicable to the processing of personal data:
a. Legal basis
The tasks of the BASG are defined in § 6a GESG. In fulfilling these tasks, the BASG is entitled to process personal data pursuant to § 9 para 7 GESG.
In addition, personal data are processed on the basis of the material laws assigned to the BASG for enforcement or on the basis of these material laws enacted.
This essentially concerns tasks in accordance with the legal matters listed below:
- Medicines Act
- Medicinal Products Import Act 2010
- Blood Safety Act
- Tissue Safety Act
- medical products law
- prescription law
- Narcotic Substances Act
- Medicinal product operating regulations 2009
- Stock-specific vaccines - Company regulations
- Distance Selling Ordinance
- Medicinal feedstuffs plant regulations 2006
- tissue banking regulation
- Tissue Collection Facility Ordinance 2008
- Tissue vigilance ordinance 2008
- Haemovigilance Ordinance 2007
- Medical Device Notification Ordinance
- Pharmacovigilance Ordinance 2013
- narcotics regulation
- Ordinance of the Federal Minister for Health and Women on medicinal products derived from human blood
- Ordinance of the Federal Minister of Health on the reporting requirement for non-interventional studies
Legal basis: Art. 6 para. 1 lit c and Art. 9 para. 2 lit b DSGVO
The processing of personal data is also lawful if there is a legally valid consent of the data subject. On the basis of given consents, we process personal data, among other things, for the dispatch of newsletters or process your contact enquiries. Consents given can be revoked informally at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the revocation.
Legal basis: Art. 6 para. 1 lit a and Art. 9 para. 2 lit a DSGVO
c. Public interest in the field of public health
Among other things, the BASG is required by law to carry out tasks in the field of public health in the interest of the common good. In this context, personal data are lawfully processed for reasons of public interest in the field of public health, such as protection against serious cross-border health threats or to ensure high standards of quality and safety in health care and for medicinal products and medical devices.
Legal basis: Art. 9 para 2 lit i DSGVO.
The passing on of personal data can take place in particular on the basis of relevant legal obligations to authorities and international organizations as well as to service providers for the fulfilment of the contract. In all cases, we ensure that a uniform level of data protection is guaranteed.
The corresponding provisions authorising the BASG to pass on personal data can be found in the relevant material laws (e.g. Section 80 of the Medicines Act).
The BASG provides for technical and organisational measures in the following areas, among others: Access control, system access control, data access control, data transmission control, ensuring the availability and resilience of the system, control procedures to ensure the security of the processing and personnel (training) measures.
In principle you have the following rights:
- Right to information pursuant to Art. 15 DSGVO
- Right to rectification pursuant to Art. 16 DSGVO
- Right to cancellation ("right to be forgotten") pursuant to Art. 17 DSGVO
- Right to limitation of processing according to Art. 18 DSGVO
- Right to data transferability pursuant to Art. 20 DSGVO
- Right to appeal pursuant to Art. 21 DSGVO
The following limitation of the rights of data subjects is provided for by law:
In fulfilment of the tasks pursuant to § 6a GESG, the rights and obligations pursuant to Art. 13, 14, 18 and 21 of the Basic Data Protection Ordinance are excluded by law with regard to the processing of personal data pursuant to Art. 9 Para. 7.
Insofar as the personal reference is indispensable for achieving the purpose for which personal data are further processed for scientific or historical research purposes, the rights of data subjects under Article 15 (right of access), Article 16 (right of rectification), Article 18 (right to limitation of processing) and Article 21 (right of opposition) may be excluded from the BASG if these rights would render the achievement of the specific purposes impossible or seriously impair them.
In principle, personal data is deleted or pseudonymised in accordance with a deletion concept after fulfilment of the purpose or end of the statutory retention period.
The obligation to delete does not apply if processing is necessary for the following purposes:
- On the exercise of freedom of expression and information,
- For the fulfilment of a legal obligation
- For reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit h and i and Art. 9 para. 3 DSGVO
- For archival purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the law referred to in para. 1 presumably makes it impossible or seriously impairs the attainment of the objectives of this Agreement, or
- For the assertion, exercise or defence of legal claims.
If you contact us via form on the website or via e-mail, the data you provide will be stored and processed for the purpose of processing your enquiry and in the event of follow-up questions. We do not pass on this data without your consent.
Questions regarding data protection can be directed to datenschutzbasg.gvat .
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