Medical record
Verified 27 March 2023 - Legal and Administrative Information Directorate (Prime Minister)
Want to access information about your health held by a healthcare professional? To do this, you can ask to see your medical file. Recourse is available if this request is refused. The medical file should not be confused with the digital health space or the pharmaceutical file.
The rules differ depending on who you are major or minor.
Major
You have a file for each health professional with whom you are in contact (general practitioner, dentist, hospital...).
So there is no single medical record.
Thus, each file includes information about you and related to the same professional.
There are many documents available to you. This is in particular the following documents:
- Examination results
- Reports of consultation, intervention, exploration or hospitalization
- Protocols and therapeutic prescriptions implemented
- Surveillance sheets
- Connections between healthcare professionals.
Conversely, some documents are not communicable to the patient or his representatives:
- Information collected from third parties not involved in the treatment
- Those concerning such a third party (e.g. family member, social service assistant).
FYI
Medical records should not be confused with My health space managed by the Health Insurance and the Ministry of Health. It does not replace records managed by doctors and hospitals.
However, My health space enables you to store and share your health documents and data.
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General case
The following people can access the folder:
- Yourself
- Your guardian, if you are guardianship major (one person under trusteeship can consult her own file)
- Your doctor if you have chosen him as an intermediary.
In case of death
The medical record can be viewed by the following people:
- Your spouse
- Your child or children
- Your partner and concubine
- Your partner bound by a civil pact of solidarity (Civil partnerships).
FYI
Before your death, you can object to your medical records being accessed.
If not, medical confidentiality does not prevent your relatives from having access to information which, for example, enables them to know the causes of your death.
To view the file, the person must justify their request by explaining that the information may be needed to:
- Knowing the causes of death
- Or defend the memory of the deceased
- Or assert a right.
The refusal of the application must be justified, but it shall not prevent the issuing of a medical certificate. The latter must not contain information covered by medical confidentiality.
Request Recipients
Your request is addressed to:
- To the health care practitioner (for liberal practitioners)
- Or the director of the holding establishment.
This request can be made by registered letter with acknowledgement of receipt or e-mail.
Your identity is verified by means of an identity card or passport.
Request access to their medical records
Before any communication, the addressee of the request shall:
- Verifies the identity of the applicant
- Possibly inquire about the medical status of the person you have appointed as an intermediary.
Medical Record Inquiry
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General case
You can access this information:
- Directly
- Or through a doctor you designate
These documents shall be communicated to you:
- No later than 8 days after your request
- And at the earliest after a 48-hour reflection period.
This period shall be extended to two months where:
- Medical information is more than 5 years old
- Or the departmental committee for psychiatric care is seized following the refusal of the applicant to appoint a doctor.
Curatelle
The protected person receives the information himself and consents alone to the medical procedures. The curator does not have to intervene, but can advise her.
The trustee shall not have the right to access the medical file of the person under trusteeship unless the protected person under trusteeship issues a specific mandate to that effect.
Supervision
The guardian who assists or represents the patient who is the subject of a legal protection measure may have access to medical information.
These documents shall be communicated to the person responsible for carrying out the measure:
- No later than 8 days after its request
- And at the earliest after a 48-hour reflection period.
This period shall be extended to two months where:
- Medical information is more than 5 years old
- Or the departmental committee on psychiatric care is seized.
Viewing modes
You choose the mode of consultation: on site or by sending a copy.
On the spot
The consultation can be done on the spot. The delivery of copies is not free.
Copies provided are made on the same medium as that used by the health care practitioner, health care facility, or host.
They may be drawn up on paper at the choice of the applicant and within the limits of the technical possibilities of the trader or the body holding the information.
For information held by a health facility, where technical devices allow, all or part of the information may be consulted electronically.
The health facility offers an information access support device.
By mail
Access to the file may be effected by sending copies.
Copies sent by mail are made on the same medium as that used by the health care practitioner, health care facility, or host.
They may be drawn up on paper at the choice of the applicant and within the limits of the technical possibilities of the trader or the body holding the information.
Presence of a third party
In health facilities, you should be offered medical support during the consultation.
The presence of a third party (e.g. another doctor) when consulting certain information may be recommended by the doctor. It cannot be imposed, except in the case of a person hospitalized in psychiatric service, ex officio or at the request of a third party.
If the presence of a third party is recommended, the information is communicated as soon as you have expressed your refusal or your acceptance to follow the recommendation.
In the event of silence on your part, the information shall be communicated to you within a period of:
- 8 days for a recent case
- 2 months for a file whose last piece was 5 years ago.
Situation of a patient hospitalized in psychiatry without his consent
If the patient's situation so requires, the head of the establishment shall inform the person concerned that access to his file may take place only in the presence of a doctor. If the patient refuses to appoint a doctor, the holder of the information shall refer the matter to the departmental committee on psychiatric hospitalizations. Its opinion is binding on the applicant and the holder of the information.
Cost of consulting the medical file
On-site consultation is free.
If you wish to have copies delivered, the costs incurred by you may not exceed the cost of reproduction and, possibly, of sending the documents.
The remedies vary depending on the structure that denied you access to the file.
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Action against a public or private establishment participating in the public hospital service
The Commission of the Users of the establishment can help you to have access to your medical file.
You may also refer the matter to the Commission d'accès aux documents administrative (Canada).
Canada must be seized in a two-month period depending on the refusal or lack of response.
Canada then has one month to make its opinion known.
In the event of a negative opinion from the Cada, or if the institution maintains its refusal despite the positive opinion from the Cada, you can contact the administrative tribunal the location of the health facility, within 2 months.
This remedy does not require the assistance of a lawyer.
Who shall I contact
Administrative Documents Access Commission (Canada)
To inquire or request access to an administrative document in case of explicit refusal by the administration or if it has not responded for more than one month to a request for communication.
By telephone
+33 (0)1 42 75 79 99
By mail
TSA 50730
75334 PARIS CEDEX 07
By email
cada@cada.fr
By online form
Attach a copy of the access request, the institution's refusal, and the file identification information.
Warning
Referral to the Cada is mandatory before an appeal to the Administrative Court.
The Defender of Rights can accompany you in your steps. It plays a mediation role.
Action against a private health facility not under public service
The Commission of the Users of the establishment can help you to have access to your medical file.
You can also refer the matter to the National Commission for Information Technology and Freedom (Cnil).
Who shall I contact
National Commission for Informatics and Freedoms (Cnil)
By mail
3 Place de Fontenoy
TSA 80715
75334 Paris cedex 07
The CNIL does not receive the public or provide any information on the spot.
By telephone
+33 1 53 73 22 22
Telephone reception open Monday to Friday from 9:30 am to 5 pm.
Legal information open on Monday, Tuesday, Thursday and Friday from 10am to 12pm.
By email
Access to contact form
It is also possible to bring proceedings before the judge hearing applications for interim measures the location of the treatment facility.
Recourse against a liberal doctor or dentist
Recourse against a liberal practitioner (doctor or dentist working in an office) can be made to the relevant order or the court. A special procedure is laid down for computerized files.
Professional bodies, such as the National Medical or Dental Association, may intervene with practitioners when they refuse to provide information.
Who shall I contact
If no answer is given by a liberal practitioner, the matter must be referred to the Commission nationale de l'Informatique et des Libertés (Cnil), which will intervene with him.
Who shall I contact
National Commission for Informatics and Freedoms (Cnil)
By mail
3 Place de Fontenoy
TSA 80715
75334 Paris cedex 07
The CNIL does not receive the public or provide any information on the spot.
By telephone
+33 1 53 73 22 22
Telephone reception open Monday to Friday from 9:30 am to 5 pm.
Legal information open on Monday, Tuesday, Thursday and Friday from 10am to 12pm.
By email
Access to contact form
It is also possible to bring proceedings before the judge hearing applications for interim measures the place of residence of the practitioner's office.
Répondez aux questions successives et les réponses s’afficheront automatiquement
For an establishment
Principle
The retention period of the medical record is 20 years. This period shall begin from the date of the patient's last stay or external consultation in the institution. This retention period shall apply to public and private establishments.
Warning
this retention period does not apply to theDigital Health Space (DHS) which is kept for a period of 10 years from its closure.
Exceptions
Other time limits shall apply in the following cases:
- If the patient dies less than 10 years after his last visit to the institution, the record shall be kept for a period of 10 years from the date of death.
- The transfusion record and, if applicable, the transfusion incident record shall be kept for 30 years from the date of the transfusion.
Please note
These time limits (including the 20-year time limit) are minimum periods. Each facility may develop a more restrictive conservation policy depending on the conditions involved.
Ex gratia or litigation
In case of introduction of ex gratia appeal or contentious, these time limits (20 years and others) are suspended (the time limit is not counted). Recourse must involve the medical liability of the health institution or health professionals as a result of their interventions within the institution.
Timeliness achieved
When these deadlines are reached, the decision to destroy the medical file is taken by the director of the establishment after consulting the doctor responsible for the medical information.
For a healthcare professional
If the doctor is not practicing in an establishment, there are no statutory retention periods. However, your medical information is kept under his responsibility.
Please note
in practice, a liberal physician is encouraged to apply the same retention periods as in public and private health care facilities.
Minor
Your child has a file for each health professional with whom he is in contact (general practitioner, dentist, hospital...).
So there is no single medical record.
Thus, each file includes information related to the same professional.
There are many documents available to you. This is in particular the following documents:
- Examination results
- Reports of consultation, intervention, exploration or hospitalization
- Protocols and therapeutic prescriptions implemented
- Surveillance sheets
- Connections between healthcare professionals.
Conversely, some documents are not disclosable:
- Information collected from third parties not involved in the treatment
- Those concerning such a third party (e.g. family member, social service assistant).
FYI
Medical records should not be confused with My health space managed by the Health Insurance and the Ministry of Health. It does not replace records managed by doctors and hospitals.
However, My health space enables you to store and share your health documents and data.
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
You can consult the medical file of your minor child. This is because it is the holder of parental authority who can do so (parents, guardian).
FYI
However, you may, at the request of your minor child, have indirect access imposed on you through a doctor.
If your minor child receives care without your knowledge, he or she may object to the doctor transmitting the information in the file related to this subject.
The doctor, midwife or nurse should encourage them to provide this information. They must make a written reference to that objection.
In case of death
You retain the right to access all medical information about your deceased minor child.
However, the latter may have objected in his lifetime and in this case you cannot access this information.
FYI
Under penalty of criminal sanctions, hosting providers are prohibited from transferring identifiable health data, directly or indirectly, for consideration, including with the consent of the data subject.
Request Recipients
The request shall be addressed to:
- To the health care practitioner (for liberal practitioners)
- Or the director of the holding establishment.
This request can be made by registered letter with acknowledgement of receipt or e-mail.
Your identity is verified by means of an identity card or passport.
Request access to their medical records
Patients may need to contact an outside provider who stores computer data for a health care facility or doctor.
Before any communication, the addressee of the request shall:
- Make sure you are who you are
- Possibly inquire about the medical status of the person you have appointed as an intermediary.
Medical Record Inquiry
The right of access shall be exercised by you, the holder(s) of parental authority.
If your minor child so requests, this access can take place through a doctor.
How to view the medical record
You choose the mode of consultation: on site or by sending a copy.
On the spot
The consultation can be done on the spot. The delivery of copies is not free.
Copies provided are made on the same medium as that used by the health care practitioner, health care facility, or host.
They may be drawn up on paper at the choice of the applicant and within the limits of the technical possibilities of the trader or the body holding the information.
For information held by a health facility, where technical devices allow, all or part of the information may be consulted electronically.
The health facility offers an information access support device.
By mail
Access to the file may be effected by sending copies.
Copies sent by mail are made on the same medium as that used by the health care practitioner, health care facility, or host.
They may be drawn up on paper at the choice of the applicant and within the limits of the technical possibilities of the trader or the body holding the information.
Presence of a third party
In health facilities, medical assistance during the consultation must be made available to you.
The presence of a third party (e.g. another doctor) when consulting certain information may be recommended by the doctor. It cannot be imposed, except in the case of a person hospitalized in psychiatric service, ex officio or at the request of a third party.
If the presence of a third party is recommended, the information is communicated as soon as you have expressed your refusal or your acceptance to follow the recommendation.
In the event of silence on your part, the information shall be communicated to you within a period of:
- 8 days for a recent case
- 2 months for a file whose last piece was 5 years ago.
Situation of a patient hospitalized in psychiatry without his consent
If the patient's situation so requires, the head of the establishment shall inform the person concerned that access to his file may take place only in the presence of a doctor. If the patient refuses to appoint a doctor, the holder of the information shall refer the matter to the departmental committee on psychiatric hospitalizations. Its opinion is binding on the applicant and the holder of the information.
Cost of consulting the medical file
On-site consultation is free.
If you wish to have copies delivered, the costs incurred by you may not exceed the cost of reproduction and, possibly, of sending the documents.
The recourse will vary depending on the structure that refused you.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Action against a public or private establishment participating in the public hospital service
The Commission of the Users of the establishment can help you to have access to the medical file of your minor child.
You may also refer the matter to the Commission d'accès aux documents administrative (Canada).
Canada must be seized in a two-month period depending on the refusal or lack of response.
Canada then has one month to make its opinion known.
In the event of a negative opinion from the Cada, or if the institution maintains its refusal despite the positive opinion from the Cada, you can contact the administrative tribunal the place of the health facility, within 2 months.
This remedy does not require the assistance of a lawyer.
Who shall I contact
Administrative Documents Access Commission (Canada)
To inquire or request access to an administrative document in case of explicit refusal by the administration or if it has not responded for more than one month to a request for communication.
By telephone
+33 (0)1 42 75 79 99
By mail
TSA 50730
75334 PARIS CEDEX 07
By email
cada@cada.fr
By online form
Attach a copy of the access request, the institution's refusal, and the file identification information.
Warning
Referral to the Cada is mandatory before an appeal to the Administrative Court.
The Defender of Rights can accompany you in your steps. It plays a mediation role.
Action against a private health facility not under public service
The Commission of the Users of the establishment can help you to have access to the medical file of your minor child.
You can also refer the matter to the National Commission for Information Technology and Freedom (Cnil).
Who shall I contact
National Commission for Informatics and Freedoms (Cnil)
By mail
3 Place de Fontenoy
TSA 80715
75334 Paris cedex 07
The CNIL does not receive the public or provide any information on the spot.
By telephone
+33 1 53 73 22 22
Telephone reception open Monday to Friday from 9:30 am to 5 pm.
Legal information open on Monday, Tuesday, Thursday and Friday from 10am to 12pm.
By email
Access to contact form
It is also possible to bring proceedings before the judge hearing applications for interim measures the location of the treatment facility.
Recourse against a liberal doctor or dentist
Recourse against a liberal practitioner (doctor or dentist working in the office) can be made to the relevant order or the court. A special procedure is laid down for computerized files.
Professional bodies, such as the National Medical or Dental Association, may intervene with practitioners when they refuse to provide information.
Who shall I contact
If no answer is given by a liberal practitioner, the matter must be referred to the Commission nationale de l'Informatique et des Libertés (Cnil), which will intervene with him.
Who shall I contact
National Commission for Informatics and Freedoms (Cnil)
By mail
3 Place de Fontenoy
TSA 80715
75334 Paris cedex 07
The CNIL does not receive the public or provide any information on the spot.
By telephone
+33 1 53 73 22 22
Telephone reception open Monday to Friday from 9:30 am to 5 pm.
Legal information open on Monday, Tuesday, Thursday and Friday from 10am to 12pm.
By email
Access to contact form
It is also possible to bring proceedings before the judge hearing applications for interim measures the place of residence of the practitioner's office.
Répondez aux questions successives et les réponses s’afficheront automatiquement
For an establishment
Principle
The retention period of the medical record is 20 years. This period shall begin from the date of the patient's last stay or external consultation in the institution.
This retention period shall apply to public and private establishments.
Warning
this retention period does not apply to theDigital Health Space (DHS) which is kept for a period of 10 years from its closure.
Exceptions
Other time limits shall apply in the following cases:
- If the patient dies less than 10 years after his last visit to the institution, the record shall be kept for a period of 10 years from the date of death.
- The transfusion record and, if applicable, the transfusion incident record shall be kept for 30 years from the date of the transfusion.
Please note
These time limits (including the 20-year time limit) are minimum periods. Each facility may develop a more restrictive conservation policy depending on the conditions involved.
Ex gratia or litigation
In the event of the lodging of an amicable or contentious appeal, these time limits (20 years and others) shall be suspended (the time limit shall not be counted). Recourse must involve the medical liability of the health institution or health professionals as a result of their interventions within the institution.
Timeliness achieved
When these deadlines are reached, the decision to destroy the medical file is taken by the director of the establishment after consulting the doctor responsible for the medical information.
For a healthcare professional
If the doctor is not practicing in an establishment, there are no statutory retention periods.
However, your medical information is kept under his responsibility.
Please note
In practice, a liberal physician is encouraged to apply the same retention periods as in public and private health care facilities.
Who can help me?
Find who can answer your questions in your region
Health Info Rights
A telephone line created by a collective of associations to provide legal or social information related to health
By telephone
01 53 62 40 30
Price of a local call
Open Service:
- Monday, Wednesday and Friday from 2pm to 6pm,
- tuesdays and thursdays from 2pm to 8pm
By Form
You can also ask your question by completing the contact form ;
From this form, you can request to be called back.
Access to personal health information
Right to privacy and confidentiality (L1110-4)
Time limits for keeping medical records (public and private establishments)
Time limit for transfusion procedures
Duties to patients
Document template
FAQ
Service-Public.fr
Ministry of Health
Public Assistance - Hospitals of Paris (AP-HP)