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Decree Of 9 February 2009 On The Establishment Of Automated Processing Of Personal Data Relating To The Management Of The Operating Program And Follow-Up Of Surgical Activity

Original Language Title: Arrêté du 9 février 2009 portant création d'un traitement automatisé de données à caractère personnel relatif à la gestion du programme opératoire et au suivi de l'activité chirurgicale

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JORF n°0110 of 13 May 2009
text No. 33



Order of February 9, 2009 creating an automated personal data processing for the management of the operating program and the monitoring of surgical activity

NOR: DEFD0908519A ELI: https://www.legifrance.gouv.fr/eli/arrete/2009/2/9/DEFD0908519A/jo/texte


Minister of Defence,
Considering the Public Health Code;
In light of Act No. 78-17 of 6 January 1978 amended on computers, files and freedoms, including its article 23 ;
Vu le Decree No. 2005-850 of 27 July 2005 bearing delegation of signature of members of the Government;
Having regard to the receipt of No. 1328363 of the National Commission on Informatics and Freedoms of 24 November 2008,
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It is created in the Ministry of Defence, at the Desgenettes Armies Training Hospital in Lyon, an automated processing of personal data called "Operational Program" implemented by the operating block department and whose purpose is the management of the operating program and the monitoring of surgical activity.

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The personal data categories recorded are those relating to:
- identity (name, first name);
- health (operational indication, gesture and operational team).
The retention period of personal data thus recorded is twenty years.

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The recipients of recorded personal data are, depending on their respective responsibilities and the need to know:
- surgeons;
- Anestheists;
– the secretaries of surgical services.

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The right of opposition provided forArticle 38 of the Act of 6 January 1978 referred to above cannot be invoked as part of this treatment.

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The rights of access and rectification provided to Articles 39 et seq. of the Act of 6 January 1978 referred to above exercised, depending on the choice of the person concerned, directly or through a doctor, in accordance with provisions of Article L. 1111-7 of the Public Health CodeBP 125, 00459 Armées, at the Central Directorate of the Armed Health Service (Information and Communications Systems Office).

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The Chief Medical Officer of the Desgenettes de Lyon Military Training Hospital is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, February 9, 2009.


For the Minister and by delegation:

Central Director

the military health service,

B. Lafont


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