Question 20732 — fundamental rights

Summary

Mr. Jean-Pierre Cubertafon alerts the Minister of the Interior to Decree No. 2019-412 of May 6, 2019 amending Decree No. 2018-383 of May 23, 2018 authorizing the processing of personal data relating to the monitoring of people in psychiatric care without consent. This decree published in the Official Journal of May 6, 2019 authorizes the connection between the data recorded in “Hopsyweb” and the Report processing file for the prevention of terrorist radicalization (FTSPRCT). This connection concerns the information transmitted to the State representative in the department on admissions to psychiatric care without consent provided for by the public health code and the criminal procedure code and aims to prevent radicalization. However, many voices have been raised against this decree. They highlight the fact that this decree could create suspicion against people with psychiatric disorders by assimilating them to radicalized people. It would reinforce the stigmatizing view that society has on these people. Psychiatry users hospitalized without consent are above all vulnerable sick people in great suffering who need care. For those who need to help their sick loved ones psychologically against their will, there is often no other alternative than care without consent. Thus, for UNAFAM, this decree fuels the confusion between mental illness and terrorism. It threatens medical confidentiality and the healthcare process. Also, he questions him to find out his position regarding a modification of this decree so that the data is anonymized.

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