Medical confidentiality

Medical confidentiality covers all the information the healthcare professional has about you : your state of health (diagnosis, treatment...), your identity, what you have entrusted, what the professional has seen, heard, understood....

Every professional who knows or follows your health must respect medical confidentiality.

Examples: doctor, nurse, physiotherapist, psychologist, social worker, speech therapist.

Thus, a professional who has information about you should not communicate it to other people.

The professionals who follow you can exchange the information necessary to treat you (shared medical secret).

However, you can oppose it at any time.

The law provides for situations in which the doctor must communicate some information.

Thus, the doctor must in particular:

• Declare births
• Reporting Deaths
• Report certain serious or contagious diseases that require urgent intervention to health authorities
• Establishing medical certificates for psychiatric care without consent
• Make a medical declaration to the public prosecutor when setting up a safeguard of justice
• Establishing certificates for accidents at work and occupational diseases
• Provide information to the administration for military and civil disability or retirement pension files
• Transmit to the expert the documents he holds on the person who considers himself to be the victim of a damage related to a prevention, diagnosis or care activity (medical accidents, HIV, asbestos...)

The law provides for situations in which the doctor is authorized to communicate some information.

Thus, doctors may do the following:

• Report to public prosecutor abuse or deprivation of an adult, with the consent of the adult
• Report to public prosecutor abuse or deprivation inflicted on an adult, without his consent, in certain situations (person who is not in a state to protect himself, victim of domestic violence)
• Report to public prosecutor abuse or deprivation of a minor
• To transmit information relating to the situation of a minor in danger or at risk of danger to the Information of Concern Collection, Processing and Assessment Cell (CRIP)
• Report to the prefect (in Paris, to the prefect of police) the dangerous nature of a person who he knows has a weapon or intends to acquire a weapon

The doctor must respect a minor's medical confidentiality vis-à-vis his parents.

However, when the interests of the minor so require or an important decision has to be taken, the doctor must try to convince the minor to keep his or her parents informed.

If the minor refuses, the doctor may carry out the treatment or intervention provided that the minor is accompanied by an adult of his choice.

In case of diagnosis or serious prognosis, your family, your loved ones or your trusted person may be informed of your health to support you.

However, you can oppose it.

The doctor must not give any information about you to an insurance company.

An insurer cannot ask the doctor for medical information or documents about you.

The employer cannot require information from you on your state of health.

An occupational doctor must not communicate to the employer the information which he collects during a medical examination.

Your medical record is also covered by medical confidentiality and must not be communicated to the employer.

In the event of death, the spouse and assigns can obtain medical information to know the causes of death of the deceased, to defend his memory or to have his rights recognized.

However, the deceased must not have objected to it during his lifetime.

You can complain if you believe that a professional has breached his obligation of medical confidentiality.

You can also send an email to departmental council of the college of physicians.

Your letter should state that you are making a complaint.

For to obtain compensation for the damage suffered, you can refer the health professional to the civil courts.

Violation of medical confidentiality, except in authorized cases, is punishable by up to 1 year in prison and €15,000 of fine.