Case Summary
The Supreme Administrative Court (Council of State) ruled that the two-year testing phase of AI technology for assessing personal injury compensation complied with relevant data protection legislation. A decree was issued to authorize the Minister of Justice to develop an algorithm for training the AI, which would collect relevant data, including names (excluding parties), identifying elements, information on damages, health data, and personal information on professional and financial situations. The Court evaluated this decree considering Article 8 of the ECHR, Article 8 of the Charter of Fundamental Rights, and EU data protection principles.
The Court determined that the purpose of the processing as outlined in the decree was sufficiently precise, that the data collection adhered to the principle of data minimization, and that the collection of health data was justified by public interest. Furthermore, it found that consent was not required in this instance since the law authorizing the data collection and processing served a public interest objective and was proportionate to the legitimate aim pursued. Lastly, the Court concluded that the limitation of the right to object was consistent with Article 23 of the GDPR. Consequently, the Court upheld the contested decree n° 2020-356 of March 27.
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Further notes on contested technology
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