Question 21442 — fundamental rights

Summary

Mr. Brahim Hammouche alerts the Minister of Solidarity and Health to the two decrees relating to the Hopsyweb file (file of people subject to a care measure without consent) of May 23, 2018 and May 7, 2019. The first intends to open consultation of the said file to a whole list of people such as prosecutors, investigating judges, prefects, mayors, people outside the medical or paramedical field who must go through the ARS and extends the data retention period from one to three years without the possibility of appealing against this entry in the file. The second operates an interconnection between this file and the file of reports for prevention and radicalization of a terrorist nature, otherwise called the S or FSRT file, for prefects on information of a non-medical nature and, in the event of a match, offers the possibility of both prefects and a significant number of non-medical personnel, national education, justice, the associative world, state services to obtain any additional and therefore medical information via the doubt removal procedure. Furthermore, no information for patients relating to their records is provided, contrary to common law on personal data. Finally, no provision allows the right to erasure information contained in Hopsyweb, even in the event of care without consent declared irregular. The MP considers it unacceptable to oppose the logic of security and that of protection of people suffering from mental illness for which there should be a point of balance. On the other hand, he considers that a dangerous tipping point has been reached, violating the rights of patients and medical confidentiality, fueling an unfounded and dangerous between terrorists and people suffering from mental disorders. Despite alerts from all mental health stakeholders and a sufficiently long time for contradictory debate, he has not noted any change from the Government on this subject. He therefore asks again that the Government reconsiders its position on these decrees.

Machine translation from French. The official text remains authoritative.

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