Conseil national de l'ordre des médecins – Court Ruling (France, 2020)

[https://gdprhub.eu/index.php?title=Article_9_GDPR Article 9(3) GDPR] provides that health data may be processed for the purposes of the provision of health or social care or treatment or the management of health or social care systems and services, when those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under Union or Member State law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies. Under the terms of [https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000037090304/ Article L. 6113-7 of the French Public Health Code], health establishments, whether public or private, shall analyse their activity. In compliance with medical confidentiality and patients' rights, they implement information systems that take into account pathologies and treatment methods in order to improve knowledge and evaluation of their activity and costs and to promote the optimisation of the range of care offered. Practitioners practising in public and private healthcare institutions transmit the personal medical data required to analyse the activity and bill for it to the doctor responsible for medical information for the institution under conditions determined by regulation after consultation with the National Council of Physicians (Conseil national de l'ordre des Médecins). The practitioner responsible for medical information is a doctor appointed by the director of a public health establishment or the deliberative body of a private health establishment if there is one, following the opinion of the medical commission or medical conference. The conditions of this designation and the methods of organisation of the medical information function, in particular the conditions under which staff placed under the authority of the practitioner in charge or the statutory auditors acti