Covid-19 And Contact Tracing

• Published date: 10 June 2020
• Author: Ms Laure Marolleau
• Subject Matter: Food, Drugs, Healthcare, Life Sciences, Privacy, Coronavirus (COVID-19), Data Protection, Government Measures, Operational Impacts and Strategy
• Law Firm: Soulier Avocats

While France is entering the first phase of its end-of-lockdown plan, the Government's strategy to combat a resumption of the epidemic is now based on monitoring "contact tracing", i.e. the swift identification of any person who has been close to a patient in order to also test him/her and, if necessary, isolate him/her to avoid the spread of the disease.

French authorities are planning an "information system" based on two medical databases: Sidep and Contact Covid. As the design of the StopCovid app. is still under way, its deployment was not included in the end-of-lockdown plan presented on April 28, 2020.

StopCovid is a mobile app. project launched by the French government and led by the National Institute for Research in Digital Science and Technology (Institut National de Recherche en Informatique et en Automatique or "INRIA") with the objective of tracking populations, using the Bluetooth system of phones.

The controversial StopCovid digital tracking app. could be ready in early June, which would then pave the way for a debate on the subject in the French Parliament.

Following the exceptional Council of Ministers meeting on Saturday May 2, 2020, the Health Minister announced that contact tracing of people tested positive for Covid-19 will (for the time being) not be done through a phone app.:

"As of May 11, no, there will not be a StopCovid app. available in our country and the Prime Minister was very clear: if this type of app. were to be introduced, there would be a specific debate in Parliament, nothing has changed from that point of view."

Following a request from the Minister of State for the Digital Sector on the possible implementation of this app., the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés or "CNIL") issued its opinion on April 24, 2020¹.

It considered that the system could comply with the General Data Protection Regulation ("GDPR") if certain conditions were met.

Insofar as the use of the app., as envisaged by the Government, is voluntary, the CNIL specified that this implies that there would be no negative consequences for those who do not use it, in particular regarding the access to tests and healthcare, or public transportation.

The CNIL considers that the app. can be deployed if its usefulness for crisis management is sufficiently established and if certain safeguards are provided. In particular, the use of the app. must be temporary and the data must be kept for a limited period of...