France: Constitutional Council expresses disapproval of provisions of law extending the state of emergency
The Constitutional Council issued, on 11 May 2020, its decision No. 2020-800 DC ('the Decision') on the law, adopted on 9 May 2020, extending the state of emergency ('the Law'). In particular, the Decision outlines that the Constitutional Council did not approve of the provisions regarding the processing of health data for the purposes of contact tracing and states that the use of this data without user consent within an ad hoc framework constitutes a violation of the right to privacy, and also stipulates requirements to be fulfilled before such processing can be declared fully constitutional. Moreover, the Decision highlights that the collection, processing and sharing of this health data can only be carried out where strictly necessary and proportionate for the purposes. Furthermore, the Decision notes that the telephone and electronic contact information of data subjects must be deleted. Finally, the Decision calls for the confidentiality of personal information, the traceability of access to information systems and for any relevant subprocessors to act in accordance with the principles of necessity and confidentiality.