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D.C. 99-416 , Conseil Constitutionnel, 23.07.1999

Issue: the Conseil Constitutionnel was asked to rule on the constitutionality of the Law creating universal coverage and regulating the contents and use of an "individual electronic interdepartmental card" and its issuance to all those insured against illness. The applicants challenged its constitutionality and claimed it violated the citizen's right to a private life

Holding: the CC found that the challenged law was compatible with the respect for the citizen's private life because the safeguards which attach to the implementation of the provisions of art. 36 of the challenged law provided sufficient guarantees for the protection of privacy

Reasoning: such information may not be entered on the card except with the consent of the cardholder. The Law set safeguards regulating the implementation of the provisions of article 36 of the Law and ensuring the security of the system. They provide a sufficient guarantee of the respect due to privacy. The Law is thus in conformity with article 11 of the Declaration of the Rights of Man and Citizen, which guarantees a right to private life to French citizens.

 

 

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