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France expands scope of Covid-19 data collection

The French Ministry of Social Affairs and Health has extended personal data capture and processing for Covid contact tracing, test results, and individuals’ vaccination status.

The new decree widens the scope under which Covid-related personal data can be collected, expands the amount of data that can be collected, allows private contractors to process personal data, and limits the right of individuals to oppose collection and processing of personal data.

Anticipating possible public concern to this extension of personal data processing by France’s health agencies, the Ministry published the decree in the country’s Official Journal on July 14th, France’s national day and a public holiday.

One of the purposes of the new decree (N° 2021-930) is to better identify those who have not yet been vaccinated, especially those with particular vulnerabilities.

The decree authorises the country’s thirteen regional and five overseas health authorities to work with national agencies, and to collect and process data in accordance with this and previous decrees. They are also authorised to carry out epidemiological surveillance of their populations for health purposes.

Perhaps contentiously, the new decree grants regional health authorities the power to contract out work to private companies for data processing.

The decree also sets out the terms under which personal data can be retained, and limits the rights of individuals to object to the collection and processing of their data.

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