The CNIL, eternally “vigilant”
It remains to be determined in what context exactly this health pass may be required and what it will authorize. On the subject, the CNIL wished to publish a warning, in line with that published by the EDPS a few days earlier: “the CNIL recalls that the voluntary nature of the use of TousAntiCovid and, therefore, of its functionality “Test book” must remain an essential guarantee of the device “. In other words, the CNIL does not want the use of the application to become compulsory with the implementation of this new functionality, and insists on the need to offer alternatives independent of the application for those who do not wish not install it.
This was already one of the points raised by the European Committee of Data Protection Authorities (EDPS) and it was also one of the subjects mentioned by the CNIL when the TousAntiCovid application was launched, at the time. known under the gentle name of StopCovid. It nevertheless notes that at this stage, “the storage of certified evidence of tests (PCR or antigenic) and vaccination certificates in TousAntiCovid is not compulsory”.
The other aspect that the CNIL wishes to keep an eye on is that of the use of this health pass, and of what it will allow to be done. “Regarding the reflections on a possible” health pass “to regulate access to certain places, the CNIL stresses that this would raise many legal, technical and societal questions, in particular on the proportionality of such a device” , indicates the Commission, which announces that it will have to decide if such a device is proposed by the government.
The opinion of the liaison committee
Another body watches over these subjects: the Covid-19 control and liaison committee, an advisory body bringing together parliamentarians and members of civil society, which includes among its missions the evaluation of “the real contribution of digital tools to their action, and to determine whether or not they are likely to make a significant difference in the treatment of the epidemic ”. The committee also recalls that the exact methods of implementing the health pass have not yet been defined, but underlines several “points of vigilance” which it considers necessary for the debate.
Among these various aspects, the committee thus pleads for the realization by the CNIL of an “analysis of the risks of misuse: tracing, breach of medical confidentiality, accessibility of these data to private persons”, recalling that the “data present in the “health pass” have a different “sensitivity” to medical confidentiality “. In the same vein, the committee recommends limiting as much as possible the personal data recorded on this health pass. The committee also questions the scientific value of the information contained in the health pass and underlines the difficulties in implementing such a system.
The French health pass project will have to offer an interoperable solution with the other countries of the European Union. The committee is counting on the entry into force of a European pass at the end of June.