The professional secrecy is a concept enjoignant with certain trade associations not to reveal any information concerning their activity or their customers. It is related with the Confidentialité.
The secrecy in religions
Among Christians, the content of a private confession cannot in no case to be revealed by the priest having received this confession.
the medical secret
France
According to the French code of conduct medical, the health professionals which they are Médecin S, surgeon S, Dentiste S, male nurses or nurses, nurse's aides (E) S, medical secretaries are constrained to conceal the personal informations relating to the Patient S which they collected during their activity. It is not a question only of the observations which they could make, but also deductions that they could draw from their observation. Any distorsion can be sanctioned by the professional institutions of which they depend (Conseil of the order…) but also by the Court of Bankruptcy.There exist exceptions to the medical secret in France. In particular concerning the criminal denunciations as the rape (with the agreement however of the victim if it is major), sexual assaults and ill treatments on people vulnerable (children and elderly or handicapped). Certain information escapes the medical secret in particular the industrial accidents and Occupational diseases as for their declaration with the social security offices, the death, the births, some Infectious illness with obligatory declaration (HIV, Peste, Choléra…), obligatory vaccinations.
The doctor is the agent of the medical secret concerning his patient. But the medical secret is not in theory opposable to the patient who remains the " about it; propriétaire". Indeed, a patient cannot decide to untie the doctor of his medical secret, even on information at least relating to it in criminal law. But in civil law, the doctor delivers medical informations with the patients themselves, or their legal representative (case of the children)
It should be known that the doctor's certificates comprising of the medical informations are issued only with the patients claiming them. And that they are the patients who make them possibly public. If an administration claims a doctor's certificate, it is the patient who delivers information and not the doctor. The doctor cannot refuse a descriptive certificate of his health condition to the patient, but that does not untie it its duty of information.
In the case of the clinical trials, the medical data concerning the patient are not secret (any clinical trial would be then impossible) but the file relating to it is anonymisé thus returning its identification by impossible thirds. Thus the couple " identité~maladie" is not known, guaranteeing the medical secret.
Belgium
The situation is very close to the French situation.
The secrecy of the instruction
In France
The investigations of the French examining magistrate are subjected by the penal code of procedure to the secrecy.The lawyers of justiciable have access to the files concerning their customers. Since the law perben II, the lawyers can be worried if information which they had were used to prevent the manifestation of the truth, or to mask other crimes or offenses.
The professional secrecy in the public office.
“The civils servant are held with the professional secrecy within the framework of the rules instituted in the penal code. ” Law n°83.634 of the 7/13/83. article 26 This law applies to all the civils servant, of the police force, the Poste, the Télécom S… in front of thus lending oath to the court.
The professional secrecy is not absolute in particular when:
- it is necessary to prove to its innocence
- the interested person gave her authorization.
- to communicate information, documents and/or documents with the authorities of justice acting as criminal or correctional matter
- to testify in criminal or correctional matter justice (Art 109 of the criminal procedure code),
- to denounce crimes or offenses whose civil servant took note in the performance of his duties (Art 40 of the criminal procedure code)
- to communicate to the seized administrative judge of a recourse against an administrative act or to the seized legal judge of a litigation of the parts and required documents to the judgment of the business
(http://www.fonction-publique.gouv.fr/article518.html?artsuite=2#sommaire_1) Source
The professional secrecy in the private activities.
The professional secrecy was founded, by the legislator, in order to bring all guaranteed to the customers who entrust to technicians (right, medicine, accountancy…).
Texts specific to the professions considered, and the French penal code, initially, listed a certain number of activities held with the professional secrecy like the doctors, the wise women…
After its reform of 1992 the new penal code, come into effect on March 1st, 1994, does not list any more professionals and envisages the general sanctions for breach of professional secrecy.
However the professional secrecy can apply not only to the professions submitted to this obligation by a particular text, but also to all other professionals who hold secrecies which theirs are entrusted by private individuals.
Thus jurisprudence could add on the list of these professions, a certain number of activities for which she considered that the received confidences fixed them with the obligation to respect the professional secrecy.
For the anecdote the private Détectives and Enquêteurs are hardly held there of the sanctions aimed to article 226-13 of the penal code.
Secret services
Numbers of countries have intelligence services, acting anonymously, generally in foreign countries. The goal of the services being to collect military informations (power struggles, quality of armament, programs military, movement of the forces.) industrial information (nuclear power, high technologies, avionics…), of political information (on controlling, the opponents of a mode), information on the advisers (against-espionage)
to see: Secret service
to see: List of the secret services
The bank secrecy
Internal bonds
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