Francetest – Violation Found (France, 2021)

Violation Found
Commission Nationale de l'Informatique et des Libertés11 October 2021France
final
Violation Found

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

Francetest faced scrutiny for not securing users' personal data on their COVID-19 testing website. The French authority found ongoing security issues that risked data confidentiality. This case emphasizes the need for strong data protection measures, especially for sensitive health information.

What happened

Francetest's website had security flaws that risked exposing users' personal and health data.

Who was affected

People using Francetest's website to manage their COVID-19 antigen tests were at risk of having their data exposed.

What the authority found

The CNIL found Francetest's security measures inadequate, violating GDPR's requirement to protect personal data.

Why this matters

This case highlights the critical importance of robust data security, especially for health-related services. Companies must regularly review and strengthen their security practices to protect sensitive information and comply with regulations.

GDPR Articles Cited

Art. 32 GDPR
Art. 82 Loi Informatique et Libertés GDPR

National Law Articles

Art. 20 de la loi n° 78-17 du 6 janvier 1978 modifiée relative à l’informatique, aux fichiers et aux libertés
Full Legal Summary
Detailed

Francetest.fr is a website operated by a French company (hereafter 'Francetest') for the management of antigenic testing against COVID-19. In particular, data subjects can register themselves and receive the results of their antigenic tests via this website. On 27 August 2021, following an anonymous report, the CNIL checked for potential data security issues on the website "francetest.fr". Those checks confirmed the existence of a data breach. A few days later, on 9 September 2021, auditors fro the CNIL carried out an on-site check at Francetest to verify that the processing of personal data was carried out in accordance with the GDPR and the French law n°78-17 of 6 January 1978 implementing the GDPR (hereinafter: the Information Technology and Freedoms Act). During this audit, it was found that several security shortcomings persisted, despite Francetest having already taken several measures after becoming aware of the data breach. These deficiencies were posing a risk to the confidentiality of the personal data processed via the website. By a decision dated 4 October 2021 (the Decision), the President of the CNIL delivered an injunction against Francetest to put an end to the data breach within two months, in application of Article 32 GDPR and Article 20 of the Information Technology and Freedoms Act. Subsequently, pursuant to Article 20, last paragraph of the Information Technology and Freedoms Act, a commission was convened by the President of the CNIL on 11 October 2021 to rule on the publication of the decision (hereinafter, the Commission). The Commission considered that the publication of the Decision was justified in view of the sensitivity of the data processed (i.e. health data) and the need to ensure that all persons involved in the processing operations concerned, including the organisations using the services, would be fully informed of the existence of persistent data breaches. The Commission emphasised that, in addition to the results of antigenic

Outcome

Violation Found

The DPA found a violation but did not impose a fine.

Related Enforcement Actions (0)

No other enforcement actions found for Francetest in FR

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

11 October 2021

Authority

Commission Nationale de l'Informatique et des Libertés

GDPRhub ID

gdprhub-4327

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Francetest - France (2021). Retrieved from cookiefines.eu

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