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Deliberation No. 2005-295 Of December 1, 2005 Opinion On A Draft Decree In Council Of State On The Death Certificate And Amending The General Code Of Territorial Authorities

Original Language Title: Délibération n° 2005-295 du 1er décembre 2005 portant avis sur un projet de décret en Conseil d'Etat relatif au certificat de décès et modifiant le code général des collectivités territoriales

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JORF n ° 174 of July 29, 2006
text number 134



Deliberation n ° 2005-295 of 1 December 2005 concerning a draft decree in Council d ' State concerning the death certificate and amending the general code of local authorities

NOR: CNIX0609442X ELI: Not available


The National Computer and Liberties Commission,
Seizure by the Ministry of Health and of the solidarities of a draft decree in the Council of State concerning the death certificate taken pursuant to Article L. 2223-42 of the General Code of the Territorial Communities;
In the light of Convention No 108 of the Council of Europe for the protection of persons with regard to the automatic processing of personal data;
In view of Directive 95 /46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of persons The processing of personal data and the free movement of These data;
In view of Article L. 2223-42 of the General Code of Local and Regional Authorities;
In view of the Law n ° 78-17 of 6 January 1978 relating to computers, files and freedoms, as amended by Act No. 2004-801 of 6 August 2004 on the Protection of natural persons with regard to personal data processing;
Having regard to Decree No. 2005-1309 of 20 October 2005 adopted for the application of the Act of 6 January 1978, as amended by Act No. 2004-810 of 6 August 2004;
After hearing Mr Jean-Pierre de Longevialle, Commissioner, in his report, and Mrs Pascale Company, Government Commissioner, in his observations,
Emet the following opinion:
The Ministry of Health and Solidarity's Directorate-General for Health referred the matter to the National Commission on Informatics and the Freedoms of a draft decree in the Council of State concerning the death certificate taken in application of the Provisions of Article L. 2223-42 of the General Code of Territorial Communities, as amended by the Law of 9 August 2004 on public health policy.
Under these provisions, the authorisation to close the casket cannot be Issued on the basis of a certificate, established by a doctor, attesting to the death." This certificate, drawn up on a model drawn up by the Ministry of Health, specifies the cause of death, for transmission to the National Institute of Health and Medical Research and to the bodies whose list is fixed by decree In the Council of State taken after the opinion of the National Commission on Informatics and Freedoms. This same decree sets out the terms and conditions of this transmission, including the conditions to ensure its confidentiality.
This information can only be used for public health reasons:
1 ° A for the purpose of alerting and alerting, by The State and the Institute for Health Surveillance;
2 ° For the establishment of national statistics on causes of death and for public health research by the National Institute of Health and Medical Research. "
The certificate shall be established by the doctor who has observed the death. It includes an administrative component in three copies, including the civil status of the deceased, the date, time and place of death, and the information necessary for the issuance of the burial permit and the completion of the funeral operations, and A medical component relating to the causes of death, which does not include the name or given name of the deceased person and is closed by the doctor in order to preserve the confidentiality of sensitive information.
Currently, the certificate exists only under Paper form. It is forwarded to the town hall of the place of death. The registrar separates the two components of the certificate and establishes two documents:
-a nominative 7 bis notice containing the deceased person's marital status information. This notice is sent to the INSEE to allow for the updating of the National Inventory for the Identification of Natural Persons (RNIPP);
-a bulletin 7 containing the same information but without the first name, addressed to the DDASS, accompanied by The medical component that is still closed. After learning about the causes of death in order to identify potential public health problems at the departmental level, the DDASS physician relays the closed door, always accompanied by bulletin 7, to the centre of death epidemiology (CepiDc) of INSERM.
Such delays that delay the establishment of national statistics on causes of death are incompatible with the organization of a functioning health alert and alert
. Order before the Commission, which introduces Articles R. 2213-1-1 to R. 2213-1-8 in the General Code of Local and Regional Authorities, has the main purpose, by providing for the possibility of establishing the death certificate in electronic form, to allow for an acceleration of the processing of its medical component. It specifies, in the second place, in accordance with the particulars of article L. 2223-42, the recipients of the data on the medical component of the death certificates.
On the establishment of the certificate in electronic form:
Draft article R. 2213-1-3 describes the new procedure.
The doctor who reported the death, after identifying with his health care professional card or an individual authentication device offering guarantees Is connected to the site that will be dedicated to this effect and, by providing information to the administrative and medical component areas, establishes the death certificate.
When the death certificate is fully established, on the one hand, Data, after encryption, are immediately collected on the servers The technical provider entrusted by the INSERM to collect and transmit death certificates, on the other hand the administrative part of the certificate is edited on paper and signed, by the doctor in triplicate.

The draft decree Provides for the physician's ability to modify the certificate he has established for a period of 48 hours. In this case, a new electronic submission is made to the technical provider who has the effect of definitively validating and rendering intangible the contents of the death certificate.
It should be noted that the doctor who established the certificate of death
The Commission notes that in order to secure the certificate of death on electronic medium the same level of requirements has been retained as that resulting from the provisions contained in the draft decree on Which she recently spoke about regarding access for health care professionals to the Patient care sheets and the confidentiality of personal health data.
To the extent that all health professionals do not yet have a health care professional card (HPC), it was necessary to To provide, in the absence of the latter, the use of a software certificate offering similar guarantees and approved by the public interest group referred to in Article R. 161-54 of the Social Security
. Commission to assess, in the context of the application for authorisation to be Seized by the INSERM, the actual safety conditions implemented for the testing of the device planned in 2006 with liberal doctors and voluntary hospital doctors.
On the role of the body charged by the INSERM of the collection And the transmission of death certificates in electronic form:
The use of this body, which will be chosen at the end of a tendering procedure, is justified by the need to avoid transmission and storage at the INSERM of a file containing both the names of the persons and the causes of the Their death.
The draft order specifies that, upon receipt of the original or modified certificate, the body transmits under conditions that ensure the protection and integrity of the data, on the one hand, the information from the component Administrative, as well as the medical component relating to the place of death at INSEE, On the other hand, the medical component at INSERM. It will not store the data but will ensure their transmission.
The draft decree also states that it is for this body to define and implement a privacy policy designed to ensure data protection Which shall be transmitted to it, their integrity and the security of the transmissions of such information and that " This privacy policy is described in the contract binding it to the National Institute of Health and Medical Research. This contract is annexed to the application for authorisation by the National Institute of Health and Medical Research to the National Commission on Informatics and Freedom. '
Under the law of 6 January 1978 amended, a legal person implementing personal data processing acts either as ' Responsible for processing " Within the meaning of this Act, or, if it intervenes on behalf of another person, on the instructions of another person who is solely responsible for the treatment.
To the extent that the National Institute of Health and Research Medical is, within the meaning of the above provisions, responsible for the treatment of the medical components of death certificates, the Commission considers it desirable to clarify the wording of the provisions of Article R. 2213-1-5 of the draft decree in that way. Next: " The body entrusted by the National Institute of Health and Medical Research to collect and transmit death certificates shall implement the privacy policy defined by the Institute for the Protection of Data Which are transmitted to it, their integrity and the security of the transmissions of this information ... "
On the management of medical components of health certificates by INSERM and transmission to the InVS and DDASS:
According to Article L. 2223-42 of the General Code of Local and Regional Authorities, INSERM is the body responsible for France the establishment of national statistics on causes of death.
The database held by the INSERM's CepiDc does not include the names of the deceased but remains fed by the medical component of the certificate Death. The conditions for access to this database are strictly defined and the security measures put in place have been controlled by the CNIL.
Draft article R. 2213-1-6 provides that: Certificate of death, INSERM's CepiDc, " Implements measures of physical and logical protection in order to preserve the security of treatment and information, to prevent them from being distorted, damaged or communicated to unauthorized third parties and to preserve its integrity ".
The Commission points out that the treatment which will be put in place by the centre of epidemiology of the INSERM in application of these provisions will have to be the subject of an application for authorisation to the CNIL to assess the details of the measures of the Security implemented, especially during the experimentation phase of the
Under the terms of draft article R. 2213-1-6, the information of the treatment managed by the CepiDc of the INSERM containing all the medical components transmitted will be accessible under conditions preserving data protection:
" 1 ° To the agents of the Institut de veille sanitaire named by the director of that institution;
2 ° To the agents designated for that purpose in the departmental and regional directorates of health and social affairs, for the zone After application to
National Institute of Health and Medical Research, to the doctors responsible for a registered pathology register. "
These measures will enable the SDOs and the InVS to carry out their monitoring and health alert function more effectively.
This information can be passed on to physicians who are responsible for a disease registry. Indeed, it is important that doctors who monitor the incidence and progression of certain diseases (cancers, heart disease, malformations) can access the information on the death certificate in order to establish the rates of death. The
notes that it has already authorised the doctors in the cancer registries, on the basis of Chapter IX of the amended Act of 6 January 1978, to have access to the vital status of persons and to the cause of Their death.
However, it considers it desirable that the first sentence of the third Paragraph 213-1-6 of the proposed Order is completed as follows: " The information on this database shall be accessible, in conditions preserving data protection and in compliance with the provisions of the law of 6 January 1978. ".
The Commission shall take note of the provisions of Article 2213-1-7 of the A draft order under which the application and treatment of the data referred to in Articles R. 2213-1-3, R. 2213-1-4 and R. 2213-1-6 shall be determined in accordance with the conditions laid down by the law of 6 January 1978.


The President,

A. Türk


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