Le partage des données personnelles de santé dans les usages du numérique en santé à l'épreuve du consentement exprès de la personne

Personal health data cannot be processed in digital spaces without the consent of the person. The consent may have two legal forms: non-opposition or explicit consent. In all cases, the patient must be informed so that he can exercise his right to oppose or give his consent. We have reviewed the situations in which these rights are exercised: a healthcare team defined by the law, electronic medical records and shared medical records (DMP), telemedicine, the situation of a dependent person, before making an incursion into social networks data. Progressively, ethical, deontological and legal axes applied to digital society are emerging, which must be incorporated by positive law.