France: extension of state of emergency validated, but provisions censored

In France, the Constitutional Council censored elements linked to the isolation of the sick and the "tracing" of their contacts. REUTERS / Gonzalo Fuentes

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The Constitutional Council validated Monday the law extending until July 10 the state of medical emergency and organizing the deconfinement, but censored elements related to the isolation of the patients and to the "tracing" of their contacts.

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In France, the Constitutional Council seized by President Emmanuel Macron, the President of the Senate Gérard Larcher and other parliamentarians validated this Monday evening several of the provisions of the law extending the health emergency adopted on Saturday by the Parliament, according to a press release from the High jurisdiction. But "  concerning the processing of personal data of a medical nature for the purposes of " tracing " , it decided to censure. "

These are “  two partial censors  ” to limit the number of people who can access this data, and so that a liberty judge can carry out a “check” if the patient cannot leave his place for more than 12 hours. of isolation.

With regard to the measures of quarantine and placement in solitary confinement, the Elders considered as deprivation of liberty those consisting of "  complete solitary confinement, which implies a prohibition of " any exit " or that which impose on the person concerned to remain at his home or in his place of accommodation for a time slot of more than twelve hours per day  ”.

The Council therefore censured these measures, believing that they were not accompanied by guarantees "  as to the obligations that may be imposed on persons subject to them, their maximum duration and the supervision of these measures by the court  ".

Concerning the information system intended to allow the processing of data intended for the "tracing" of sick people and those who have been in contact with them, the Constitutional Council notably "  censored, as disregarding the right to respect for life private sector  ”a measure which provides that“  the organizations which provide social support  ”, such as the communal social action centers (CCAS), may have access to this data.

The Sages also expressed several "  interpretative reservations  ". They therefore ask to define methods of collecting, processing and sharing information ensuring their strict confidentiality.

( With AFP)

► Read also: France: the key points of the government's deconfinement plan

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