The Constitutional Council, seized by Unsa FP against an ordinance relating to the health of public officials accused of
"threatening"
medical confidentiality, declared it on Friday
"unconstitutional"
because it effectively infringes the respect for the private life of officials. , welcomes the union.
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"This is a victory for the protection of health data for agents, said the Unsa Civil Service in a press release. All agents must be able to benefit from guarantees that protect the confidentiality of their health data ”
. The union ensures that it
"will remain vigilant on the measures to be put in place to reinforce the guarantees of the agents in all circumstances".
"The Constitutional Council today declared paragraph VIII of article 21 bis of the law of 13 July 1983 on the rights and obligations of civil servants contrary to the Constitution"
, for its part noted in a press release the Ministry of Transformation and of the civil service which will
"begin work to draw the consequences of this decision within the framework of a sustained social dialogue".
The order, dated November 25, 2020, relates in particular to the terms of leave for health, incapacity and reclassification reasons, as well as parental leave.
In its initial version, the text
"authorizes the agents of the administration to have, on their request, knowledge of the medical data of the agents without them being informed and having to give their consent"
, had criticized in January Luc Farré, secretary general of Unsa Civil Service, the fourth union among civil servants.
"While it considered that it was justified to provide 'the administration with the means to ensure that the opening of this right to leave complies with the legal conditions', the Constitutional Council nevertheless considers that the contested provisions bear a disproportionate infringement of the right to respect for private life, ”
the ministry still recognizes.