To limit the risk of contamination when certain public places reopen, a health pass is planned from June 9 for gatherings of more than 1,000 people. The document certifies that the person is vaccinated against Covid-19 or has a negative test or has contracted (and recovered) from the disease.
This measure is part of the bill on ending the state of health emergency currently being debated in Parliament.
Seized urgently, the National Commission for Informatics and Freedoms (CNIL) published a favorable opinion for the health pass(new window)May 12. However, the Commission asks for further details and guarantees.
A device limited to large gatherings
The CNIL recalls that the health pass must be temporary, and cannot “under any circumstances be maintained beyond the health crisis.” It gives a favorable opinion because the device is restricted to large gatherings. It does not apply to everyday activities (workplaces, restaurants, shops, in particular), nor to the usual manifestations of freedoms (freedom to demonstrate, to organize political or union meetings, for example). The CNIL considers that infringements of the right to data protection, privacy and freedoms are thus limited.
The Commission also approves the modalities for checking the status of pass holders, a QR-code reader that reveals a compliance result (green or red color).
On the other hand, it considers that the law must present guarantees to protect these rights and freedoms and frame the “minimum simultaneous attendance threshold” of the gatherings concerned by the past.
As guarantees, the CNIL asks the legislator to:
- specify the places, establishments and events affected by the pass and the envisaged minimum attendance threshold;
- prohibit the possibility for professionals who are not covered by the system to make access to their establishment conditional on presentation of the document;
- integrate safeguards to limit the disclosure and retention of private information and avoid any risk of discrimination, due to the state of health, the ability to access and use digital tools (voluntary use of the application TousAntiCovid, for example).
The Commission would like certificates to be also available in paper version, and not only on the TousAntiCovid application.