Section 4: Conditions for recognising the evidential value of documents containing personal health data created or reproduced in digital form and for destroying documents stored in a form other than digital

This section applies to documents containing personal health data produced, received or stored in the course of prevention, diagnosis, care, compensation for disability, prevention of loss of autonomy, or social and medico-social monitoring activities carried out under the conditions of Article L. 1110-4, by : 1° A health professional, health establishment or health service ; 2° A professional or organisation involved in prevention or care whose conditions of practice or…

A digital copy of a document referred to in article L. 1111-25, which meets the conditions of reliability set out in the second paragraph of article 1379 of the Civil Code, has the same evidential value as the original paper document. Where a reliable digital copy has been made, the original document may be destroyed before the end of the legal retention period or, failing that, the period provided for…

A document referred to in article L. 1111-25 of this code created in digital form has the same evidential value as a paper document when it has been drawn up and stored under the conditions set out in article 1366 of the Civil Code.

The signature affixed to a document referred to in article L. 1111-25 means that: 1° The person cared for has taken note of the content of the document and, where applicable, consents to it; 2° The professional referred to in article L. 1111-25 validates the content of the document. Where the document to which the signature is affixed is created on a digital medium, the signature process complies with the…

At the request of the persons directly concerned by these documents, the professionals, services, establishments and bodies referred to in article L. 1111-25 may create a document containing personal health data from one or more existing digital documents, without altering the meaning or content, and in compliance with medical confidentiality and the confidentiality of the data collected and processed. The document created in this way is presumed to be reliable…

The description of the procedures for implementing the provisions of articles L. 1111-26 to L. 1111-29 and the related documentation shall be made accessible to the persons receiving care and the professionals mentioned in article L. 1111-25. This description and documentation are kept for as long as the documents they concern.

The conditions of application of this section, in particular for determining the signature process appropriate to the nature of the document, are specified by the reference systems defined in article L. 1470-5.