AC – Court Ruling (France, 2024)

[https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000046221284?init=true&page=1&query=bio%C3%A9thique&searchField=ALL&tab_selection=all The Bioethics Law] (la loi sur la bioéthique) amended the [https://www.legifrance.gouv.fr/codes/texte_lc/LEGITEXT000006072665/ Public Health Code] (Code de la santé publique) to grant individuals who were conceived with the assistance of third party donors the right to access the identity and some non-identifying data of the donor. This amendment also required donors to expressly consent to the communication of their identity and data to the Commission for the Access of Persons born from Medical Assistance to Procreation (CAPADD). Donation was not permitted without this consent. The data included age, general condition, physical characteristics, family and personal situation, country of birth and motivation for the donation. The transitional provisions of the amendment made it possible to obtain the consent of the donor who made their donation before the amendment was enacted.   The applicants decided to challenge the legality of the amendment before the Supreme Administrative Court of France. The applicants put forward several arguments to cancel the amendment to the Public Health Code, inter alia alleged infringement of principal of legal certainty or conformity of the amendment with French constitution. One of the arguments referred to a violation of Article 21(1) GDPR and Article 6(1)(e) GDPR. The applicants claimed that the former donors, namely donors who were not under the consent requirement of the new law, could not exercise their right in relation to the authority – CAPADD. The CAPADD was entitled to processes the contact data of former donors, transferred from the organisation or establishment where they made their donation. A person conceived by medical assistance may request to access the data of a particular former donor. Then, the CAPADD would contact this former donor to obtain their consent for disclosure of the data