Chapter III: Access to non-identifying data and the identity of the third-party donor

A commission for access to non-identifying data and the identity of third-party donors is placed under the authority of the Minister for Health. It is responsible for:

1° Granting requests for access to non-identifying data relating to third-party donors in accordance with the procedures defined by the Conseil d'Etat decree issued in application of 3° of article L. 2143-9;

2° Granting requests for access to the identity of third-party donors in accordance with the procedures defined by the decree of the Conseil d'Etat issued pursuant to the same 3°;

3° Requesting the Agence de la biomédecine to disclose non-identifying data and the identity of third-party donors;

4° Ruling, at the request of a doctor, on the non-identifying nature of certain data prior to its transmission to the data controller referred to in Article L. 2143-4;

5° Obtaining and recording the agreement of third-party donors who were not subject to the provisions of this chapter at the time of their donation to authorise access to their non-identifying data and their identity and the transmission of this data to the Agence de la biomédecine, which shall retain it in accordance with the same Article L. 2143-4;

6° Contacting third-party donors who were not subject to the provisions of this chapter at the time of their donation, when it receives requests under Article L. 2143-5, in order to request and obtain their consent to the communication of their non-identifying data and their identity and to the transmission of this data to the Agence de la biomédecine. In order to carry out this task, the commission may use the registration number of individuals in the national register for the identification of natural persons and consult this register. The conditions for such use and consultation are laid down by a decree in the Conseil d'Etat issued after consultation of the Commission nationale de l'informatique et des libertés. The commission is also authorised to consult the national inter-regime register of health insurance beneficiaries in order to obtain, via the organisations providing health insurance benefits, the addresses of the above-mentioned third-party donors;

7° To inform and support applicants and third-party donors.

The data relating to the requests mentioned in article L. 2143-5 shall be kept by the commission in a data processing system for which it is responsible, under conditions that strictly guarantee their security, integrity and confidentiality, for a limited period that is appropriate to the needs arising from the use for which the data is intended, set by a decree in the Conseil d'Etat issued after consultation of the Commission nationale de l'informatique et des libertés, which may not exceed one hundred and twenty years.