Since 2024, the CNIL has issued 45 sanctions for “failure to cooperate”, including against private-practice healthcare professionals.

๐–๐ก๐š๐ญ ๐ข๐ฌ ๐ข๐ญ ๐š๐›๐จ๐ฎ๐ญ? According to the CNIL, a healthcare professional fails to meet their duty to cooperate when they don’t respond, or don’t respond fully enough, to its requests during an investigation opened after a patient’s complaint.

Mathilde Croze, our partner in the Tech/Data practice with strong expertise in the healthcare sector, explains this often-underestimated risk for Egora:

โ–ช๏ธ ๐€๐ง ๐จ๐›๐ฅ๐ข๐ ๐š๐ญ๐ข๐จ๐ง ๐๐ข๐ฌ๐ญ๐ข๐ง๐œ๐ญ ๐Ÿ๐ซ๐จ๐ฆ ๐ญ๐ก๐ž ๐ซ๐ข๐ ๐ก๐ญ ๐จ๐Ÿ ๐š๐œ๐œ๐ž๐ฌ๐ฌ
๐Ÿ‘‰ A patient exercises their right to access their medical record. If they think the response is incomplete, late or missing, they can refer the matter to the CNIL, which then contacts the doctor directly. The doctor must respond both to the patient and to the CNIL.

โ–ช๏ธ ๐€ ๐ฌ๐ญ๐š๐ง๐๐š๐ฅ๐จ๐ง๐ž ๐ฌ๐š๐ง๐œ๐ญ๐ข๐จ๐ง
๐Ÿ‘‰ Failing to respond to the CNIL’s requests, or responding late or incompletely, is enough to count as a failure to cooperate, even if the patient’s original request was handled properly.

โ–ช๏ธ ๐€ ๐ซ๐ž๐š๐ฅ ๐Ÿ๐ข๐ง๐š๐ง๐œ๐ข๐š๐ฅ ๐ซ๐ข๐ฌ๐ค
๐Ÿ‘‰ Fines are capped at โ‚ฌ20,000 under the simplified procedure, rising to โ‚ฌ4,000 when the failure to cooperate comes on top of a proven breach of the right of access.

๐Š๐ž๐ฒ ๐ญ๐š๐ค๐ž๐š๐ฐ๐š๐ฒ: when you receive a right-of-access request or a letter from the CNIL, the key is to respond transparently. A prompt, well-documented response often ends the procedure without any sanction.