Information relating to patients’ health is either kept within the health care institutions which have compiled it, or deposited by these institutions with a host in compliance with the provisions of article L. 1111-8.
The director of the institution shall ensure that all measures are taken to ensure the safekeeping and confidentiality of the information thus stored or hosted.
The medical record referred to in article R. 1112-2 is kept for a period of twenty years from the date of the patient’s last stay in the institution or the last outpatient consultation in the institution. When, in application of the preceding provisions, the retention period for a file ends before the twenty-eighth birthday of its holder, the retention of the file is extended until that date. In all cases, if the person holding the file dies less than ten years after his/her last visit to the institution, the file is kept for a period of ten years from the date of death. These time limits are suspended by the lodging of any informal or contentious appeal seeking to call into question the medical responsibility of the health care institution or of health care professionals due to their interventions within the institution.
At the end of the retention period mentioned in the previous paragraph and after, where applicable, the return to the health care institution of the data which has been hosted in application of article L. 1111-8, the medical file may be disposed of. The decision to dispose of the file is taken by the director of the health care institution after obtaining the opinion of the doctor responsible for medical information. In public health establishments and private health establishments authorised to provide the public hospital service, this elimination is also subject to the approval of the archive administration, which determines which of these files it intends to keep indefinitely for reasons of scientific, statistical or historical interest.