In November 2015, unable to obtain her medical file from her former dentist, a patient lodged a complaint with the National Commission for Informatics and Freedoms. The services of the CNIL, after several arrests by mail during the year 2016 and a formal notice remained unanswered, decided to launch a sanction procedure against the cabinet. The dentist was therefore fined 10,000 euros for refusing to communicate his file to the patient, but also for non-cooperation with the CNIL.
In its deliberation dated May 18, 2017 and published on June 13 on Legifrance, the CNIL specified that it “decides to make its decision public. It considers it necessary to make people and data controllers aware of the rights and obligations resulting from the Data Protection Act, in particular, the importance of responding to requests of the President and to effectively implement the required measures “.
A maximum period of 8 days to access their medical file
The CNIL wishes to recall, by making its decision public, that article L. 1111-7 of the public health code stipulates: “any person can access this information directly or through a doctor designated by him and obtain communication thereof “. This same article provides that the communication of documents requested by the patient must be made within a maximum period of 8 days. If the medical data is more than five years old, the CNIL recalls that the deadline is extended to two months.
What to do if your medical file is refused?
If it is a self-employed health professional (doctor, nurse, dentist, etc.) you can contact the CNIL or contact the Council of the Order of Physicians. In the event that the disagreement is related to a public hospital, it will then be necessary to apply to the Commission for Access to Administrative Documents (Cada).
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