The extension of the compulsory use of the health pass in the management of The Covid-19 crisis raises some concerns with the National Commission for Informatics and Freedoms. While the CNIL does not question the principle of extension, it warns against a potential "shift" towards a multiplication of similar digital controls.
The health pass, available on thein the form of a QR code or in paper version, has been required since Wednesday in places of leisure and culture bringing together more than 50 people. Those in charge of cultural places, cafes, cinemas or restaurants will have to control it using the application TousAntiCovid Check , while ensuring as much as possible to manage the reception of visitors.
In a context of transition towards the end of the crisis, interrupted by the resurgence of contaminations in France, parliamentary debates follow one another this week on the bill extending the health pass. Auditioned on July 21, 2021 by the rapporteur of the text to the Senate, the president of the CNIL, Marie-Laure Denis, urgently asked the Senate to "define" the new device, likely to have ahe “particularly strong” infringement of freedoms, she says.
An “ethical question”
The president of the CNIL believes that the health pass "is not only a health issue", but it is also "an ethical question", unprecedented. She insists on the fact that we must "avoid any trivialization of this type of measure".
The CNIL has already spoken about the health pass in the past, when it was limited to major events and travel abroad. The Commission would like more guarantees to be voted on by Parliament so that the device remains “temporary”. The Commission also considers that the persons checking the pass should only have access to the result of the checks and to the iden data.title, and nothing else.
The Defender of Rights also drafted points of vigilance following the extension of the health pass. It warns in particular about the risks associated with data processing because "the text provides for adding a sixth purpose to the processing of health data, namely the issuance, monitoring and control of compliance with individual enforcement measures. quarantine, placement and maintenance in isolation ”. Like the CNIL, it also warns of "the risk of a slide towards general social surveillance practices, to which this bill could contribute".