Subsection 2: Procedures for accessing the shared medical record and the rights of the holder

The holder of the shared medical record may authorise the digital health services and tools referenced in the digital health space to access certain data in his record under the conditions set out in III of article L. 1111-13-1 and in the fourth paragraph of article R. 1111-32. This decision may be modified at any time by the holder. The shared medical record is accessible electronically to professionals, health establishments,…

The holder can access his shared medical record electronically from his digital health space, in accordance with the procedures set out in the first paragraph of article R. 1111-32. He may extract or add data to his shared medical record from his digital health space.

Access to the shared medical record by the professionals mentioned in article L. 1111-15 and in III of article L. 1111-17 as well as by health, social or medico-social establishments or services is subject to the prior consent of the holder in accordance with the terms and conditions set out in the following paragraphs. When the professional is a member of a care team, as defined in article L. 1110-12,…

Once the holder has authorised a professional, a healthcare establishment, a social or medico-social establishment or service to access his/her shared medical record, he/she may not object, unless there is a legitimate reason, to them entering data useful for the prevention, coordination, quality and continuity of care into his/her shared medical record.

The holder is informed of his right to object to access to his shared medical record by a professional in the emergency situations provided for in I of article L. 1111-17. In the absence of opposition from the holder, in such situations, the healthcare professionals mentioned in I of article L. 1111-17 will access the shared medical record. The holder and his/her attending doctor are informed of this access a…

The holder may decide that data concerning him/her contained in his/her shared medical file should not be accessible to the healthcare professionals and establishments, social or medico-social establishments or services authorised to access his/her file. This decision may be modified at any time by the holder. However, this data remains accessible to the health professional or establishment, the social or medico-social establishment or service which placed it in the shared…

Without prejudice to the provisions of article R. 1111-33, when the holder is a minor, he/she may ask the healthcare professional or institution which supplies his/her shared medical record that the data relating to one of the acts mentioned in articles L. 1111-5, L. 1111-5-1, L. 2212-4, L. 2212-7 and L. 6211-3-1 may not be consulted by his/her legal representative.

The holder’s right to access and rectify personal data contained in his shared medical record is exercised : 1° With the professional authorised to access the shared medical record and identified in the shared medical record as the author of the data to be rectified; 2° With the person responsible for the digital health tool or service referenced in the holder’s digital health space and who is at the origin…

The holder may close his/her shared medical record in accordance with the procedures described in article R. 1111-36.