The European Court of Human Rights (ECHR) on Thursday condemned France for breaching the right to privacy for withholding the data of an allegedly gay Frenchman who was repeatedly refused blood donations.
If the collection and storage of personal data collected by the French Blood Foundation (EFS) as part of the selection of candidates for blood donation contributes to:ensures blood safety“, “It is particularly important that sensitive data (…) be accurate, up-to-date, adequate, relevant and not redundant in relation to the objectives pursued, and that their retention period does not exceed what is necessary.“, the ECHR claims in a press release.
During the first donation attempt in 2004, Frenchman Laurent Drelon, born in 1970, refused to answer the question during the initial medical interview if he had ever had sex with a man. It was then listed as “homosexualin his donor card and was later systematically disqualified from donating blood. Considering the applicant’s refusal to answer.The data collected is based on mere conjecture and is not based on any proven factual basis“, the judicial body of the Council of Europe considers. In addition, the excessive period of retention of this data “enabled their repeated use against the applicant– adds the court.
ECHR decisionis a major victory that, in retrospect, shows the severe discrimination endured for decades by people claiming to be gay who sought to donate blood.– responded the applicant’s lawyer Patrice Spinosi.
Late dissatisfaction
Since 1983, gay men have been banned from donating blood due to the risk of transmitting AIDS. Since 2016, this ban has been lifted, but on condition, in particular, on the condition of abstinence for one year. This period was reduced to four months in 2019 and then completely abolished last March due to the absence of any reference to sexual orientation in the pre-donation questionnaires. Despite this changed situation,France’s condemnation emphasizes that (…) homosexuals have been illegally registered and discriminated against by the French government for almost twenty years.“, – thought Spinosi to me.
France has been ordered by the ECtHR to pay €3,000 to Laurent Drelonmoral damage“and 9000 euros”for costs and expenses“. On the other hand, the Strasbourg court ruled inadmissible another request from 2018, which refers more generally to the donation exclusion measures taken in 2004 and 2006, judging the appeal late.
Source: Le Figaro
