Question 30423 — digital

Summary

Mr. Hugues Renson questions the Minister of Solidarity and Health on the collection of personal data of people who have contracted covid-19 and their contacts. Indeed, under Law No. 2020-546 of May 11, 2020 extending the state of health emergency and supplementing its provisions, and detailed in Decree No. 2020-551 of May 12, 2020, an information system intended to monitor the evolution of the covid-19 epidemic has been implemented. Thus, a “contact-covid” teleservice and a system for centralizing covid-19 screening examination results, the “SI-DEP”, should make it possible to carry out epidemiological monitoring and identify potentially sick people. This information system contains personal data, collected without consent, and this data may be shared by way of exemption from medical confidentiality. The app Stop-Covid is added to this system. If the law defines the purposes of this system, limits the data that will be collected and sets a retention period for this data, the CNIL, which issued its advisory opinion on May 12, 2020, emphasizes that it is appropriate to periodically reassess the necessity of this data processing. However, the decree of May 12, 2020 does not specify these evaluation conditions. In addition, this CNIL opinion was issued without it having been able to take note of the impact analyzes relating to data protection which should have been carried out, contrary to what is indicated in Article 35 of the General Data Protection Regulation (EU) of April 27, 2016 (GDPR). This would have made it possible to ensure that the system was implemented while fully respecting the rights and freedoms of the people concerned. So, he asks her how effective this is. system to date, what is its impact on the protection of personal data, if it will be maintained at the end of the state of health emergency, if it could possibly be combined with Stop-Covid and what guarantees can be provided in the face of the various points of vigilance raised by the CNIL and the criticisms denouncing the lack of security and transparency of this system derogating from medical confidentiality.

Machine translation from French. The official text remains authoritative.

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