Subsection 4: Provisions specific to patient care provided in another Member State of the European Union

The personal health data, referred to in article L. 1111-22, of a patient who holds a shared medical file which may be accessed by a healthcare professional practising in the territory of another Member State of the European Union, in the context of care provided to this patient present in this territory, are those contained in the periodic summary provided for in the first paragraph of article L. 1111-15 drawn…

Access to the personal health data referred to in Article R. 1111-55, as provided for in Article L. 1111-22, is subject to the following conditions: 1° The Member State of the European Union on whose territory the patient holding a shared medical file is located is a signatory to the agreement on cross-border digital health information services between national authorities or national eHealth contact points established on the basis of…

The national contact point for e-health in France is designated by the Minister for Health. It deals with requests for access to the health data mentioned in article R. 1111-55 from a national contact point for e-health designated by the competent authority of a Member State listed in the decree mentioned in article L. 1111-22, on behalf of a health professional who has previously referred the matter to it.

The requests referred to in Article R. 1111-57 include: 1° The identification details of the health professional making the request, determined by the competent national authority; 2° The national health identifier of the patient concerned as well as his/her surname, first name, gender and date of birth. If the request is incomplete, the national contact point for eHealth shall inform the national contact point for eHealth of the Member State…

The patient holding the shared medical record is informed of the request mentioned in article R. 1111-57 by the Caisse nationale de l’assurance maladie and invited by it to indicate whether he/she consents to the consultation of his/her health data mentioned in article R. 1111-55 which comes from a national contact point. In order to ensure that this consent is obtained securely, a system for validating the request for access…

The data subjects of the processing shall receive the information provided for in Article 13(3) of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data at the same time as their consent is sought.

When the request includes the elements mentioned in Article R. 1111-58 and the patient has consented to access to his or her health data under the conditions set out in Article R. 1111-59, it is sent by the National e-Health Contact Point designated for France to the Caisse Nationale de l’Assurance Maladie, which in turn sends the data to the Caisse Nationale de l’Assurance Maladie, in accordance with the technical…

To enable the cross-border exchange of the health data referred to in Article R. 1111-55 in a comprehensible format, automated processing is implemented under the joint responsibility of the National e-Health Contact Point designated as responsible for France and the Minister for Health. This processing consists of the formatting of the above-mentioned health data transmitted by the Caisse nationale de l’assurance maladie and, where applicable, the translation of this data…

The processing mentioned in article R. 1111-59 gives rise to traceability in the shared medical record, in accordance with the provisions of article R. 1111-43. The trace corresponding to this operation specifies in particular the date, time and identity of the European healthcare professional and the national contact point for e-health in the country of practice of the healthcare professional at the origin of the request.

The holder of the shared medical record whose health data referred to in article R. 1111-55 has been communicated to a health professional located on the territory of another Member State of the European Union under the conditions provided for in this sub-section shall exercise his rights over the data contained in his shared medical record under the conditions provided for in article L. 1111-19.