I.-The doctor from the health organisation or establishment mentioned in the third paragraph of Article L. 2142-1 collects the identity and non-identifying data, mentioned in I of Article L. 2143-3, from third-party donors who have consented to the communication of their data under the conditions set out in Article R. 2143-4, using a form for collecting identity and non-identifying data, the model for which is set by order of the Minister for Health, issued after consultation with the Biomedicine Agency.
II – Before validating the form, the doctor will check its content. He ensures that the non-identifying data mentioned in 6° of the I of article L. 2143-3, alone or aggregated, does not allow the third party donor or a third party to be identified, and if necessary suggests any changes to the interested party that may remove the difficulty.
III -In application of 4° of article L. 2143-6, if there is any doubt as to the identifying nature of the data, the doctor shall suspend the procedure for obtaining consent and transmit all or part of the said data to the Commission for Access by Persons Born of Medically Assisted Procreation to Third Party Donor Data, by any means that strictly guarantees its confidentiality and enables the date of receipt to be given certainty.
IV – The Commission will decide as soon as possible whether or not the data is non-identifying and will send its response by any means enabling the doctor mentioned in I to acknowledge receipt under conditions that strictly guarantee confidentiality.
Where the commission confirms that the data presents a risk of identification, the doctor will ask the third-party donor to amend the data concerned on the form referred to in I. If the third party refuses, the procedure for obtaining consent is terminated.