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Art. L.1110-4, first paragraph of the Code of Public Health prescribes that every patient has the right to respect for his privacy and the right to keep secret the data concerning him.
This medical secrecy concerns all data which have come to the knowledge of the health care providers, every staff member of the health care institution and of everyone who because of his profession has to do with this health care institution (art. L.1110-4, second paragraph).
Two or more care health care providers are allowed to exchange data concerning the same patient with each other to ensure the continuity of the care or to achieve a better health care, unless the well informed patient has resisted against such an exchange (art. L.1110-4, third paragraph).
To guarantee the confidentiality of these medical data, the preservation of it has to occur on an electronic bearer and exchange also has to occur in an electronic way in accordance with the rules laid down in an implementation decree (art. L.1110-4, fourth paragraph).
Art. 226-13 of the Penal Code (“Code Pénal”) sanctions a violation of medical secrecy with a prison sentence of one year and a fine of 15.000€.
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