“It is possible to wonder about the relevance of imposing the health pass to go to lunch on the terrace”, noted in particular the president of the CNIL during a hearing in the Senate before the vote on the extension of this tool. control.
The National Commission for Informatics and Freedoms is not opposed to the extension of the health pass planned by the government, but asks Parliament to “circumscribe” the new device which is seen as a “particularly strong” attack on freedoms. This is the position of the CNIL, as explained by its president Marie-Laure Denis on the evening of July 21 during a hearing in the Senate.
This attack “can only be accepted if the State can demonstrate that the surplus efficiency brought by the health pass appears necessary”, she said, proposing to parliamentarians a certain number of clarifications or adjustments of the text.
“If this were the case, I am not saying that we must not act, but I would invite you to find, through the words by which the law would describe the conditions and modalities of such a health pass, the means of circumscribing the decision which you will take to the completely exceptional nature of the circumstances ”, one can read in the text of his intervention communicated to AFP by the CNIL.
The latter did not have a legal obligation to give its opinion on the bill extending the health pass, which began to be considered by deputies on July 20. But the Senate Law Commission had asked its president to come and speak to it, behind closed doors.
The CNIL recommends forcing the government to provide an evaluation of the effectiveness of the various mechanisms
In her intervention, she suggested a number of clarifications, withdrawals or modifications to the text. The CNIL also wants the places for which the pass will be made compulsory to be clearly specified by law. The free nature of the tests, or not, will be an element to be taken into account in the definition of these places, also warned Marie-Laure Denis.
“The possibility of accessing certain places or means of transport without being vaccinated will not be at all the same depending on whether the tests will be free or expensive,” she underlines. Regarding restaurants, “it is possible to wonder about the relevance of imposing the health pass to go to lunch on the terrace”.
According to the CNIL, the law should ensure that employers only keep information relating to the employee’s “vaccination status” after verification, and not proof of vaccination, which “reveals more information.”
The president of the CNIL also recommends that parliamentarians force the government to provide an assessment of the effectiveness of the various digital devices put in place by the government to fight the pandemic.