The Asip Santé submits to consultation a repository on the safe preservation of health documents

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As part of the care of people, a large number of documents containing personal health data are produced, shared and exchanged by the health and medico-social actors.

These documents, whether in paper or digital format, must often be kept secure for a long period of time, set by law in some cases.

As a reminder, an order published January 12, 2017 in the Official Journal has framed the modalities of destruction of medical records once digitized and conditions to ensure probative value of data and health documents scanned.

This order notably specified the conditions allowing to guarantee a probative value to the data and documents of health constituted in numerical form.

It has created a new section in the Public Health Code, entitled "Conditions for the recognition of the probative value of documents containing personal health data created or reproduced in digital form and destruction of documents preserved in a form other than digital ", allowing to apply to medical files certain provisions of the civil code on electronic writing.

This concerns documents containing personal health data produced, received or stored during prevention, diagnosis, care, disability compensation, prevention of loss of independence, or follow-up activities. social and medico-social, by a health professional, an establishment or health service, a professional or body contributing to prevention or care, governed by the public health code, the health service of the armed forces and a professional or establishment of the medico-social sector.

The scope of the new provisions

In line with the digitization of the world of health, several use cases have been framed:

• digitization of paper documents

• creating documents natively in digital format

• the case of natively created documents in digital format to be signed

• the formatting of a digital document from one or more existing digital documents and its materialization on paper

• the possible destruction of the original paper documents as a result of a scanning operation.

Asip Health was then responsible for specifying in a reference system adopted by order of the Minister of Health the conditions (technical and organizational) of application of each of these provisions.

The repository posted on November 14th thus contains several appendices in this respect relating to:

• security mechanisms to be implemented in the context of digitization

• security mechanisms to implement in the production of natively digital documents

• security mechanisms to implement in the context of the materialization of health documents in digital format.

An appendix deals more specifically with the classification of health documents and two other appendices cover the "fundamentals": the common core of technical and organizational principles and the management of metadata.

All health and medico-social actors are now called upon to contribute to the consolidation of the "probative value" repository of health documents on the site. participez.esante.gouv.com for the publication of a final version of the document in February 2020.

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