Paragraph 3: Access by the National Commission to information covered by medical confidentiality

The communication to the National Commission for Medical Accidents, in application of article L. 1142-10, of information covered by medical confidentiality shall be the subject of a written and reasoned request from its Chairman or Vice-Chairman in which he shall designate, from among the doctors or, where appropriate, dental surgeons, the member or members to whom this information is to be made accessible and, where the request concerns the access provided for in the sixth paragraph of this article, the period for which this access is to be granted. This communication concerns, in particular, information held by the office mentioned in article L. 1142-22 concerning the activities of the commissions mentioned in article L. 1142-5 and necessary for the National Commission to carry out its duties, such as expert appraisal assignments, the opinions issued and the expert appraisal reports on which they are based.

The information is transmitted or made accessible by means which guarantee its confidentiality with regard to third parties.

When this information is sent by envelope, it is sent by registered letter with acknowledgement of receipt in a double envelope, the inner envelope being marked "medical confidentiality".

When this information is sent by teletransmission, it must first be encrypted. It is then transmitted after the recipient of the request has electronically signed it in accordance with the provisions of Decree no. 2017-1416 of 28 September 2017 on electronic signatures, under conditions that comply with best practice.

The operations to be carried out by the Commission in order to use the information received by teletransmission must comply with the provisions of Act no. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties andOrder no. 2005-1516 of 8 December 2005 on electronic exchanges between users and administrative authorities and between administrative authorities.

When this information is made accessible in the form of extranet access to a database, an access code is allocated for this purpose and for a specific period to the members designated in application of the first paragraph.

The form provided for in Article R. 1142-13 includes a statement informing the claimant that the information he or she sends to the commission he or she has referred to may be communicated to the National Commission for the performance of its duties and that members of this commission may attend meetings of the Conciliation and Compensation Commission under the conditions provided for in Article R. 1142-9.

Information on the use of personal data by the National Commission appears on its website as well as on that of the office mentioned in article L. 1142-22 and the commissions mentioned in article L. 1142-5.