The Council of State announced on Tuesday that it had rejected a request against the health pass filed by the association for the defense of freedoms
La Quadrature du Net, which considers that this device “discloses unjustifiably” the data of its holders.
“The summary judge considers that the health pass does not seriously and unlawfully infringe the right to respect for private life or the right to protection of personal data”, writes the Council of State in a press release accompanying its decision.
Mandatory for major events
“The summary judge notes that this device – paper or digital – is not required for daily activities or the exercise of certain fundamental freedoms (demonstration, meeting, exercise of worship)”, adds the highest administrative court. The Council of State emphasizes that the digital version of the health pass is optional “and that the information collected is kept on people’s mobile phones, thus limiting their processing or their conservation on national bases”.
Coming into force on June 9, the health pass is compulsory to access major events bringing together more than 1,000 people or to travel to and from Corsica and overseas. It is available via the TousAntiCovid application or in paper format for people who do not want to use the application. The health pass includes, in a QR code, information on the vaccination or immunity status of its holder and his identity.
Data disclosed
La Quadrature du Net on Tuesday qualified the order of the Council of State of “botched decision which validates the violation of the law”, estimating in a press release that the jurisdiction “is made from the beginning the spokesman of the government”. “Naturally, the government is therefore already preparing the extension of the health pass”, judges the association.
La Quadrature du net contests the very principle of this pass because, for it, it “unjustifiably discloses data on civil status and health data” of its holders. “These data can be cross-checked with the place, date and time of reading” of the health pass, at the risk of making it possible to record the movements of the population, argued the association in its appeal.