Communication from the law firm Dante-1 May 2020
Read the entire note here
While we are currently going through an unprecedented health crisis, the Ministry of Justice decided to publish, on March 27, 2020, a decree on the creation for a period of two years , an automated processing of personal data called “Datajust” .
(https://www.legifrance.gouv.fr/affichtexte.do?cidtexte=jorftext000041763205&categorielien=id)
Like many of our colleagues but also the magistrates' union, we were very surprised by the sudden publication of this decree, in the middle of a state of health emergency, which, moreover, presents no emergency, nor any link with the current crisis period.
The Ministry of Justice has also recognized a "temporal error" in the publication of this decree.
(https://www.lemonddudroit.fr/259-decryptages/69428-decret-datajus-stupeur-mecontements.html)
But what does this “datajust” algorithm consist of? What is the interest? What are the risks and limits?
The objectives covered by the creation of Datajust
The Datajust database will allow the development of an algorithm pursuing several objectives listed in article 1 of the decree:
- The realization of enchanting and prospective valuation of public policies in matters of civil and administrative responsibility,
- the development of an indicative benchmark for compensation for bodily harm,
- the information of the parties and assistance in the evaluation of the amount of the compensation to which the victims can claim in order to promote an amicable settlement of disputes,
- The information or documentation of the judges called upon to rule on requests for compensation for bodily injury.
Communication from the law firm Dante-1 May 2020
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