ABSTRACT
This chapter examines how French law protects medical confidentiality by the means of constitutional, private and criminal law. It demonstrates how the provisions of the Criminal Code and of the Code of Criminal Procedure deal with the various conflicts between medical confidentiality and the interests in crime prevention and criminal prosecution. Two possible sources for awarding medical confidentiality the status of a fundamental right must be examined: the French Constitution, and the European Convention on Human Rights. In the context of criminal proceedings, three different situations can be of relevance: disclosure for the purpose of crime prevention and disclosure in cases of child neglect and abuse. The situation also includes disclosure of information regarding the innocence of a person who is under arrest or has been convicted for a crime. The search for and seizure of confidential patient documents are governed by the provisions of the Code of Criminal Procedure.
