French Public Health Code
In forceI.-Any person being cared for by a healthcare professional, an establishment or service, a professional or organisation involved in prevention or care whose conditions of practice or activities are governed by the present code, the armed forces health service, a professional in the medico-social or social sector or a social and medico-social establishment or service mentioned in I of article L. 312-1 of the code de l'action sociale et des familles is entitled to respect for his or her private life and the confidentiality of information concerning him or her.
Except in cases of derogation expressly provided for by law, this confidentiality covers all information concerning the person that comes to the knowledge of the professional, any member of the staff of these establishments, services or organisations and any other person who, by virtue of their activities, has dealings with these establishments or organisations. It is binding on all professionals working in the healthcare system.
II -A professional may exchange information relating to the same person being cared for with one or more identified professionals, provided that they are all involved in the person's care and that this information is strictly necessary for the coordination or continuity of care, prevention or medico-social and social monitoring.
III -Where these professionals belong to the same healthcare team, within the meaning of Article L. 1110-12, they may share information concerning the same person which is strictly necessary for the coordination or continuity of care or for the medico-social and social monitoring of the person. This information is deemed to have been entrusted by the person to the whole team.
The sharing, between professionals who are not part of the same healthcare team, of information necessary for the care of a person requires the person's prior consent, obtained by any means, including electronically, under conditions defined by decree issued after consultation with the Commission nationale de l'informatique et des libertés.
III bis -A health professional practising within the armed forces health service or as part of a contribution to the health support of the armed forces as provided for in article L. 6147-10, or a professional from the medico-social or social sector under the authority of the Minister of Defence may, under conditions defined by decree in the Conseil d'Etat, exchange information relating to the soldier or former soldier under their care with one or more persons under the authority of the Minister of Defence or under the authority of the Minister in charge of veterans, whose sole mission is to help or support injured servicemen and former servicemen, provided that this information is strictly necessary for their support. These persons are bound by the confidentiality stipulated in I. A decree in the Conseil d'Etat will define the list of structures in which the persons whose exclusive mission is to help or support injured servicemen and former servicemen work.
IV - Persons are duly informed of their right to object to the exchange and sharing of information concerning them. They may exercise this right at any time.
V.- Obtaining or attempting to obtain this information in breach of this article is punishable by one year's imprisonment and a fine of 15,000 euros.
In the event of a serious diagnosis or prognosis, medical confidentiality does not prevent the family or close friends of the patient or the trusted support person defined in article L. 1111-6 from receiving the necessary information to enable them to provide direct support to the patient, unless the patient objects. Only a doctor is authorised to provide this information, or to have it provided under his or her responsibility.
Medical confidentiality does not prevent information concerning a deceased person from being given to his heirs, cohabitee or partner in a civil solidarity pact, insofar as it is necessary to enable them to find out the cause of death, to defend the memory of the deceased or to assert their rights, unless the person expresses a wish to the contrary before his death. However, in the event of the death of a minor, the holders of parental authority retain their right of access to all medical information concerning the minor, with the exception of information relating to medical decisions for which the minor, where applicable, objected to obtaining their consent under the conditions defined in articles L. 1111-5 and L. 1111-5-1.
In addition, medical confidentiality does not prevent information concerning a deceased person necessary for the care of a person likely to be the subject of an examination of genetic characteristics under the conditions provided for in I of article L. 1130-4 from being given to the doctor providing this care, unless the person expresses a wish to the contrary before his or her death.
VI - The conditions and procedures for implementing this article with regard to the exchange and sharing of information between healthcare professionals, non-healthcare professionals in the social and medico-social field and persons whose exclusive mission is to assist or support injured servicemen and former servicemen are defined by decree in the Conseil d'Etat, issued after consultation with the Commission nationale de l'informatique et des libertés.
