Subsection 3: Hosting of paper-based personal health data

If it is implemented, the hosting of personal health data on paper mentioned in article L. 1111-8 is entrusted to a natural person or legal entity benefiting from approval granted by the Minister for Culture under the conditions defined by articles 20-5 to 20-8 and 20-10 to 20-13 of decree no. 79-1037 of 3 December 1979 relating to the competence of public archive services and to cooperation between administrations for the collection, preservation and communication of public archives and subject to the provisions of article R. 1111-16-1.

The hosting service contract referred to in the second paragraph of article L. 1111-8 contains at least the following clauses:

1° A description of the services provided: content of the services, nature and volume of the data, whether or not the hosted data is a public archive, expected results ;

2° A description of the resources used by the depository to provide the services;

3° A description of the resources implemented by the custodian to make the hosted data available to the healthcare professionals or institutions that have signed the contract;

4° The procedures adopted to ensure that access to personal health data and any transmission thereof only takes place with the consent of the persons concerned and by the persons designated by them, as well as the mechanisms for ensuring such access and transmission;

5° Obligations towards the depositor if the depositary modifies or changes the hosting conditions;

6° Information on guarantees to cover any default by the depository;

7° Arrangements for returning the archives deposited at the end of the deposit contract under the conditions defined in the fourth paragraph of R. 1112-7, together with an undertaking to destroy all copies that the depositary may have made during the deposit period;

8° Information on the conditions under which external service providers may be used, together with the depositary's undertakings to ensure that such use provides an equivalent level of guarantee with regard to the obligations incumbent on the storage activity;

9° The means implemented to ensure compliance with the provisions of Article L. 1111-7 relating to access by individuals to their health information, in particular in terms of consultation times and procedures;

10° A reference to the insurance policies taken out by the depositary to cover any damage or loss that the deposited data may suffer, showing that these policies expressly exclude the deposited archives from the scope of the relinquishment clause.

Any clause intended to apply the right of retention to personal health data on paper is deemed to be unwritten.