The Data-Ring association, a think-tank bringing together professionals specializing in digital law, has filed two appeals before the Council of State on the legality of the health pass.
Neither political nor activist, these appeals are aimed at "protection in terms of fundamental rights" indicates France Charruyer, a lawyer from Toulouse.
Sunday, after multiple disagreements between the National Assembly and the Senate, the bill relating to the management of the health crisis was adopted definitively.
And the health pass with him.
As soon as it was approved, it was attacked.
On social networks by his political opponents or anti-tax activists.
It is on another ground that the Data-Ring association, a think-tank bringing together professionals specializing in digital law, has decided to act.
Through its president, Toulouse lawyer France Charruyer, she lodged two appeals before the Council of State for "the rule of law to be strengthened, in the interest of justice".
The @ DataRing2 association has just filed 2 appeals before the @Conseil_Etat concerning the legality of the health pass.
This is to ensure the highest level of protection for our fundamental rights and our personal data.
- Master France Charruyer (@charruyerfrance) July 24, 2021
“Our goal is for the health pass to have a high standard of protection in terms of fundamental rights.
And to ensure that the rules are respected.
We are auxiliaries of justice, we are not on a militant or partisan appeal.
It is not an aggression to ask a judge, it is natural to ask him if the sanitary pass is compatible with our rules ”, she pleads.
"No impact assessment"
The latter regrets that no impact analysis has been carried out, as is the case when operators process data information on a large scale. "This will have made it possible to have a reading grid of the CNIL, to see what were the technological and legal obstacles that we could have put in place to avoid too strong an attack on the rights and freedoms of people", insists -she, regretting the adoption at the no charge.
What poses a problem according to her is the extension of the sanitary pass to all daily activities, a disproportionate device. “This leads to revealing health data, civil status data for almost all of our social activities. A QR code should not contain our health data in such a clear and readable way. With this QR code we attend a health check or we ask anyone to authenticate the one who arrives with his sanitary pass. We are investing in missions of general control of the identities of cafetiers, lift attendants who do not ask for so much, ”continues the lawyer who fears the amplification of tensions.
In a few days, the decision of the Council of State should be known.
In the same way as that of the Constitutional Council, seized by Matignon and the deputies of the left, will render its decision on August 5 on the law relating to the management of the health crisis.
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Board of state