The CNIL validates the health pass

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Seized by the government, the National Commission for Informatics and Freedoms (Cnil) issued a non-binding opinion on the update of the TousAntiCovid application. It validates the integration of a health pass to secure travel between the metropolis and the overseas territories and Corsica.

Based on volunteeringIt nevertheless recalls a few rules. Firstly, the “Review book” functionality must be based solely, like the contact tracing application, on volunteering. This means that its use cannot constitute “a condition for the free movement of persons”.

On this point, the privacy authority notes that the device complies with legal requirements since the storage of proof of tests or vaccination certifications in the application is not mandatory. Indeed, people can present a paper version of these supporting documents provided that they contain a “Datamatrix” code certifying their authenticity.

Prohibition to create a databaseMore generally, the health pass must respect a set of guarantees. The user should be able to maintain control and the data in the certificate should be limited to what is necessary. In addition, the authorities responsible for verifying the Datamatrix must not have access to health data and must “under no circumstances” create a centralized database.

The Commission specifies that the “Review log” functionality should not be used to regulate access to certain places. If the government wishes to extend this mechanism, it will have to seek an opinion. Indeed, “that would raise many legal, technical and societal questions, in particular on the proportionality of such a device”, indicates the authority.

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