News
🇫🇷 Exercise of the Right of Access: Medical Data 🩺 🇫🇷
The CNIL has fined a dentist 10,000 euros.
Source : SAN 2017-008
⚠️ Non-transmission of a medical file within the prescribed time limits
The regulatory deadlines for transmitting a medical file are:
• 📅 Within 8 days of the request, or
• 📅 Within 2 months if the medical file is more than 5 years old.
🔴 Practical Case:
A dentist was fined 10,000 euros by the CNIL for failing to transmit a medical file within the deadline.
• A patient requested a copy of their medical file.
• The dentist did not respond to any of the requests for access to personal data.
• Faced with this situation, the patient filed a complaint.
🇫🇷 Violation of Article 15 of the GDPR
Article 15 of the GDPR ensures that any individual can request access to their personal data, including:
• 🩺 From their doctor, to obtain a copy of the information contained in their medical file.
🔒 Confidentiality and Access to Medical Records: Legal Provisions
In accordance with Article L. 1111-7 of the Public Health Code:
"Any person may access this information directly or through a physician they designate and obtain its communication."
🔍 Each year, the CNIL receives numerous complaints about violations of patients' rights to access their medical records.
⚖️ Consequences of the Violation
- 💶 Administrative fine: 10,000 euros.
- 📋 Injunction: Implementation of a procedure for managing the right of access.
- 📰 Public sanction: Publication of the sanction.