New setback before the Council of State for Les Licornes célestes.
This association, chaired by one of the founders of La Quadrature du Net, sought to annul an authorization that the CNIL granted to the Health Data Hub in February 2025. Objective: the extraction of data from the SNDS (National Health Data System) and their processing within the framework of two studies. Respectively on pathologies and on the use of medications and vaccines. In the background, the DARWIN EU project (Data Analysis and Real-World Interrogation Network), coordinated by the European Medicines Agency with the support of a network of public and private institutions.
There were more specifically two annulment requests. The one from the association Les Licornes célestes was supported by Clever Cloud, Nexedi, Rapid Space International, Cleyrop, the CNLL (National Council of Free Software), and the Open Internet Project association. The other came from the associations Interhop and Constances, the General Medicine Union, the Sud Santé Federation, and the Human Rights League.
The CNIL did not authorize transfers of health data abroad
The Council of State notes that the CNIL only authorized the processing of health data hosted in datacenters located in France. It did not give its approval for any transfer to the United States. Notably on the basis of the Data Privacy Framework, which Les Licornes célestes et al. cannot therefore invoke as illegal. In the same spirit, in the absence of transfers to the USA, the invocation of article R. 1461-1 of the Public Health Code — whose last paragraph prohibits the transfer of health data outside the EU — does not hold.
Given the value of the data in question and their hosting on Microsoft infrastructures, it is difficult to exclude access requests from U.S. authorities, acknowledges the Council of State. However, it considers that the authorized processing is framed by sufficient security measures. Including:
Pseudonymization
Limitation of the retention period for raw data extracted from the SNDS
Risk analysis of re-identification during each export
Analysis of usage traces by the Health Data Hub
The transfer of technical usage data of the platform to the United States is also not excluded. But it does not involve health data, explains the Council of State. They are also based on standard contractual clauses which "constitute appropriate safeguards".
Another annulment request rejected in 2024
Clever Cloud, Nexedi, Rapid Space International, Cleyrop, Open Internet Project, Les Licornes célestes, and the CNLL had already seized the Council of State in 2024 regarding another authorization granted to the Health Data Hub. The Internet Society France association had done the same beforehand.
This also concerned a contract with the European Medicines Agency. But for studies in pharmaco-epidemiology.
The Council of State had more or less the same reasoning. It had thus noted that the CNIL had not authorized transfers of health data to the USA. And affirmed that the technical and legal guarantees were sufficient: multiple pseudonymizations, HDS certification, authorization limited to 3 years, etc.
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