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The e-mémoires of the Académie Nationale de Chirurgie

Liability in the Management of Patient Data in Surgery

Olivier JARDE | Cécile MANAOUIL | François VAN MARIS | François VAN MARIS

Seance of wednesday 07 january 2026 (Consultants et Experts)

DOI number : 10.26299/rxvr-rs52/emem.2026.02.06

Abstract

In recent years, health IT data has become an essential part of the patient record, and its management has become a new challenge, both ethically and in terms of risks and responsibilities for the surgeon.
The legislative framework has gradually expanded, notably through the GDPR, although the growing trend of processing such data outside the European Union raises many questions regarding data protection and respect for both medical confidentiality and patients' right to privacy.
This presentation proposes a concise overview of the main issues in health data protection, offering an outline of the European regulatory framework at a time when data hosting is increasingly outsourced. It also addresses the issue of data transfers to industry, particularly to the United States.