THE QUESTION.
The hunt for health pass fraudsters is well and truly launched.
Questioned Monday evening by the press following the announcement of new health restrictions, Prime Minister Jean Castex indicated that the bill around the vaccination pass, adopted the same day in the Council of Ministers, will allow
"the ERP
(Establishments receiving of the public, Editor's note),
in case of proven doubt, to verify the identities themselves
”.
A significant change since only the police had until now the prerogative of identity control. The law of August 5, 2021, which conditioned the extension of the famous sesame, had already raised the question of control. The draft law submitted to the Council of State in July indicated that the persons authorized to scan the QR code should also have the possibility "
of knowing the data strictly necessary for the exercise of the control
", that is to say the conformity of the date of birth, last name and first name of the pass holder. Did this involve presenting an identity document? The executive quickly ruled out this possibility. "
Only the forces oforder and agents mentioned in L3136-1 Public Health Code carry out this verification
", Had specified the spokesperson for the Ministry of the Interior
,
namely any"
judicial police officer / judicial police officer
"or"
municipal police
".
Read alsoFake health passes: how the police and Health Insurance track down fraudsters
But the explosion of fraud quickly caught up with the authorities. In mid-December, no less than 373 investigations were initiated in France for a total of 182,799 fraudulent health passes generated. In this large-scale traffic, the use of the same pass by several people is the preferred method. Thus, under the guise of "
strengthening the fight against fraud
", the new bill presented on December 27 to the National Assembly wants "to
allow those responsible
" to control the future vaccine pass "
to verify, in in case of doubt, the identity of their holder
".
From now on, restaurateurs, but also staff of theaters, cinemas, museums and even certain traders will be able to ensure the legitimacy of the vaccination pass by requiring an identity document.
However, are not identity checks the prerogative of the police?
Do you not have to be sworn in?
Would such legislation be constitutional?
And wouldn't it be difficult to implement?
CHECKS.
“
In principle, the exercise…
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