French Public Health Code
In forceI.-The national health data system brings together and makes available :
1° Data from the information systems mentioned in article L. 6113-7 of the present code ;
2° Data from the national inter-regime health insurance information system mentioned in Article L. 161-28-1 of the Social Security Code;
3° Data on the causes of death referred to in Article L. 2223-42 of the General Local Authorities Code;
4° Medico-social data from the information system mentioned inArticle L. 247-2 of the Social Action and Family Code;
5° A representative sample of reimbursement data per beneficiary transmitted by complementary health insurance organisations and defined in consultation with their representatives;
6° Data intended for healthcare professionals and organisations collected during the activities mentioned in I of article L. 1111-8 of the present code giving rise to the reimbursement of healthcare costs in respect of sickness or maternity mentioned in article L. 160-1 of the Social Security Code and to the coverage of benefits mentioned in article L. 431-1 of the same code in relation to accidents at work and occupational diseases;
7° Data relating to loss of autonomy, assessed using the grid mentioned in article L. 232-2 of the Code de l'Action Sociale et des Familles (Social Action and Family Code), where this data is matched with the data mentioned in 1° to 6° of this I;
8° Personal data from health surveys, where this data is matched with the data mentioned in 1° to 6°;
9° Data collected during the compulsory medical and screening visits provided for in article L. 541-1 of the Education Code;
10° Data collected by maternal and child protection services as part of their duties as defined in article L. 2111-1 of this Code;
11° Data from occupational health medical records as provided for in article L. 4624-8 of the Labour Code.
II.-The national health data system is implemented within the framework of general guidelines defined by the State, in consultation with the bodies responsible for the information systems and data mentioned in I of this article.
The persons responsible or the categories of persons responsible for the processing of the national health data system and their respective roles are defined by decree in the Conseil d'Etat, issued after consultation with the Commission nationale de l'informatique et des libertés. The data controllers are designated by name in a decree.
The method for matching the data mentioned in 5° of the said I with the corresponding data in the national health data system is drawn up in consultation with the representatives of the organisations that transmit the data concerned.
III - The purpose of the national health data system is to make data available, under the conditions defined in Articles L. 1461-2 and L. 1461-3, in order to contribute to :
1° Information on health as well as on the supply and quality of healthcare and medico-social care ;
2° The definition, implementation and evaluation of health and social protection policies;
3° Keeping track of healthcare expenditure, health insurance expenditure and medico-social expenditure;
4° Informing health and medico-social professionals, structures and establishments about their activities;
5° Health surveillance, monitoring and safety;
6° Research, studies, evaluation and innovation in the fields of health and medico-social care.
IV - For the national health data system and for processing using personal data from this system:
1° No decision may be taken against a natural person identified on the basis of data concerning that person and appearing in one of these processing operations;
2° The persons responsible for this processing, as well as those implementing it or authorised to access the personal data resulting from it, are subject to professional secrecy under the conditions and penalties set out inarticle 226-13 of the French Criminal Code;
3° Access to the data is carried out under conditions which ensure the confidentiality and integrity of the data and the traceability of access and other processing, in accordance with a reference system defined by order of the ministers responsible for health, social security and digital technology, issued after consultation with the Commission nationale de l'informatique et des libertés ;
4° Individual data from the national health data system is kept for a maximum period of twenty years, without prejudice to the application of the first paragraph of article 78 of law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms.
V.-Data from the national health data system may not be processed for any of the following purposes:
1° The promotion of products mentioned in II of Article L. 5311-1 to health professionals or health establishments;
2° Excluding cover from insurance contracts and modifying insurance contributions or premiums for an individual or a group of individuals presenting the same risk.
