TousAntiCovid and hosting of the Health Data Hub: Anticor takes legal action

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In the case of TousAntiCovid, Anticor filed a complaint for favoritism in the awarding of contracts relating to the application before the Court of Justice of the Republic (CJR), she announced.

Anticor believes that the app pricing, as it was made public at the end of June 2020, “goes well beyond the regulatory thresholds allowing an exemption from the tendering procedure”.

The Secretary of State in charge of digital, Cédric O, then estimated the cost of the application at 100,000 euros excluding taxes per month, an amount “likely to evolve”, it is recalled.

Anticor “recalls that the government is required to proceed with a call for tenders from 139,000 euros HT for supply and service contracts, according to the rules of public order”.

“In addition, the financial statement of StopCovid made public at the end of November reveals that the application has cost the State much more: new expenditure items have been added to the operating cost, itself higher than the practices. sector “, adds the association.

The information mission of the National Assembly on Covid-19 estimated the cost of the application at more than 6 million euros including tax in an acid report on the management of the health crisis.

He indicated that “the costs to be borne by the ministry are as follows:

• operation: 1,128,000 euros including tax / year

• licenses: 69,876 euros including tax / year

• user support: 720,000 euros including tax / year

• animation of the deployment: 432,000 euros TTC / year

• accommodation: 576,000 euros including tax / year “.

In addition, “2,793,000 euros including tax were invested in the communication campaign to launch the application”.

Anticor gives details of these costs in its press release, and estimates that these sums “would henceforth constitute a contract for a total amount of 6.5 million euros including tax, made without a call for tenders, in disregard of the order code. public “.

“Each of the expenditure items, whether it concerns communication or the operation of the application, should have been the subject of a call for tenders or a competitive process with regard to The absence of a call for tenders, in cases where it is compulsory, is liable to constitute the criminal offense of favoritism, ”she underlines.

The Court of Justice of the Republic is the competent jurisdiction to try members of the government prosecuted for acts qualified as felony or misdemeanor committed in the exercise of their functions, it is recalled.

Anticor does not specify which government officials are affected by its complaint.

According to several media, including The Obs, the Minister of Solidarity and Health, Olivier Véran, is the subject of the complaint.

No mention is made of Cédric O, who was the most active member of the government on this subject, we note.

The Directorate General for Health (DGS) is responsible for processing the application, and the National Institute for Research in Digital Sciences and Technologies (Inria) is piloting the project under its responsibility, it is recalled.

Referrals concerning the hosting of the Health Data Hub

In addition, Anticor announced on March 26 that it had seized the National Financial Prosecutor’s Office (PNF), contesting the regularity of the award of the contract for the hosting of health data from the Health Data Hub at Microsoft Azure.

Anticor also appealed to the Court of Justice of the Republic (CJR) on the “ministerial aspect” of the case.

“This public contract was awarded without competition, by allegedly appealing to Ugap – the central purchasing body – which contests it, urgently and on the grounds that only Microsoft would have the technological capabilities to provide such a infrastructure, “Anticor criticized.

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