Question 11854 — victim assistance

Summary

Ms. Céline Thiébault-Martinez draws the attention of the Minister of Health, Families, Autonomy and People with Disabilities to the non-application of article 89 of Law No. 2023-1250 of December 26, 2023 on the financing of social security for 2024. The latter provides that the fund may request, from any public administration or organization managing social benefits, the information strictly necessary to identify and contact the beneficiaries of compensation for damages. The text also specifies that these data must be used exclusively in this context and that their processing is governed by a decree of the Council of State, taken after consulting the National Commission for Information Technology and Liberties (CNIL). However, despite the multiple interventions of the Association of Life Accidents (FNATH) and the commitments made during the last council of administration of FIVA, this decree has not been published to date and it seems that the obligatory opinion of the CNIL has not yet been requested. The analysis by FNATH, a member of the FIVA council, indicates that the fund's technical teams have worked fully on this subject and that the delay clearly comes from central administrations. This prolonged delay, which no longer has any justification two years before the promulgation of the law, constitutes a direct attack on the rights of asbestos victims and their dependents, many of whom are in emergency situations due to their state of health. As such, she would like to know the precise reasons for the delay in the publication of the decree implementing article 89 of the LFSS for 2024; the estimated date of its publication and that of requesting the opinion of the CNIL; the estimated number of victims and beneficiaries still affected by this delay and the measures envisaged so that these people can benefit as soon as possible from the compensation provided for by law.

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