The Health Data Hub, this database which aims to bring together all the health data of the French, is once again facing the Council of State.
A collective of 18 personalities and organizations – including the National Council of Free Software, the National Union of Journalists and the French Hemophilia Association – has just filed an appeal for illegal transfer of personal data.
Microsoft at the heart of the debate
In their press release, the applicants note that, being hosted by Microsoft, this health data is transferred outside the European Union and in particular to the United States “as soon as a treatment, a maintenance operation occurs“. They take up the same argument already used before the Council of State during a first appeal filed last May.
But since the Court of Justice of the European Union (CJEU) has invalidated the Privacy Shield, recalls the collective. This mechanism authorized European companies to transfer personal data across the Atlantic, recognizing that American law offered the same guarantees as European law.
Indeed, during its first decision, the Council of State had considered that at the time of the judgment, Microsoft included the list of organizations having adhered to the “Data Protection Shield”. “This is no longer the case today“, declare the applicants. Consequently, they ask the administrative judge to suspend the processing and the centralization of data within the Health Data Hub. They also argue that the contractual commitments concluded between the American company and the Health data Hub are insufficient.
Chain reaction since the invalidation of the Privacy Shield
This appeal is the first consequence of the invalidation of the Privacy Shield in France. At European level, more than a hundred complaints have been lodged with the data protection authorities against several data controllers in the EU Member States concerning their use of the Google and Facebook services.
The only alternative to these remedies would be the conclusion of a second Privacy Shield. But this is an option that is currently unthinkable. Indeed, Didier Reynders, European Commissioner for Justice, recently explained that the American elections complicated the current negotiations.