Article L1111‑7 of the (French) public health code : Everyone has the right to access all information held, in any nature or form, by healthcare professionals or institutions concerning their health […]
Additionally, the medical files are protected by non-disclosure rules.
Generally speaking a file cannot be communicated to a third party whilst the patient is alive. Files can only be communicated to a third party in the following two cases :
- production of a letter of attorney from the patient designating the person as mandated to receive elements from their medical file. This letter of attorney must be accompanied with photocopies of the identity papers of both the patient and the mandated person
- if the application comes from a legal representative of the patient. A photocopy of your proof of identity and family health record-book must be provided, or a document certifying that you have parental authority in the case of a divorce.
If you are the guardian of a protected adult, you will be asked to provide the photocopy of your personal ID along with a copy of the guardianship If you are the legal guardian of a protected adult, you must provide a photocopy of your proof of identity and the ruling by the guardianship judge.
In the event of death, medical information can be communicated to heirs, the spouse, common-law or PACS partner, unless the patient has specifically expressed their refusal before their death.
Right to access digitalised data
French law dated 6 August 2004 modifying law n° 78–17 dated 6 July 1978
During your hospitalisation, administrative and medical information may be requested from you. Medical and administrative information collected by the institution during your consultation or hospitalisation will be automatically processed subject to the conditions laid out by the (French) law dated 6 August 2004 that modifies the Law dated 6 January 1978.
This information will be communicated to the doctor in charge of medical information by the practitioner who initially opened your medical file and will be protected by medical confidentiality.
You have a right to access and correct this information which you can exercise by contacting the doctor who treats you and in compliance with the conditions laid out in article 38 of the (French) law dated 6 January 1978.
Art. L1111 1 1 and Art. R1111-17 to R1111-20 of the (French) Public Health Code
Any adult person can, if they wish to do so, make advanced directives in anticipation that they may be unable to express their personal wishes.
These directives indicate the patient’s wishes in terms of restricting diagnosis procedures or terminating treatment. They will be consulted before any medical decision is made and their content will take precedence over any other non-medical opinions.
Since 2016, anticipatory directives must be taken into account by doctors.
Anticipatory directives should be made in writing and dated and signed by the patient identified in the document (including their full name, date and place of birth).
If you are unable to write your directives yourself, the document must be witnessed by two individuals and their names, positions and witnessing statements attached to the directives.
To avoid any future disputes you may decide to ask your doctor to include them in your medical file with an additional document written by them certifying that you were capable of expressing your wishes and that they have provided you with all necessary information for their formulation.
Use of collected personal data
Paris Saint-Joseph Hospital Group collects your personal data when you interact with our hospitals.
Paris Saint-Joseph Hospital Group will provide the best possible personal data protection, and guarantees its compliance to the modified (French) Data Protection and Civil Liberties law n° 78–17 dated 6 January 1978 and EU regulation 2016/679 by the European Parliament and Commission dated 27 April 2016 and applicable as of 25 May 2018 (the General Data Protection Regulation or GDPR).
What private data protection rights do you have ?
- Right to access : you have the right to access information about how your private data is processed as well as a copy thereof.
- Right to correct : if you feel that your private data is incorrect or incomplete, you have the right to ask for it to be corrected or modified
- Right to delete : under certain conditions you can request that your personal data is deleted.
- Right to restrict use : under certain conditions, you can request that the use and processing of your personal data is restricted.
- Right of opposition : you can oppose the processing of your personal data for reasons related to your personal situation unless there are legitimate and overriding reasons for the processing of your personal data.
- Right of data portability : under certain very specific conditions, you have the right to have your personal data returned to your or, where technically possible, transferred to a third party.
If you would like to exercise these rights, send your written request :
- by email : firstname.lastname@example.org
- by post : Groupe Hospitalier Paris Saint-Joseph, Délégué à la Protection des Données – 185 rue Raymond Losserand 75014 Paris
The request must be made by either the person directly concerned (patient, medical professional, Groupe Hospitalier Paris Saint-Joseph contacts), or by their heirs.
Paris Saint-Joseph Hospital Group hereby informs you that you also have a right of appeal to the Commission Nationale de l’Informatique et des Libertés (CNIL — French Data Protection Commission), at this address :
By post : 3, place de Fontenoy
TSA 807153, place de Fontenoy
75334 PARIS CEDEX 07
or via the Commisson’s web-site : www.cnil.fr