By a judgment handed down on 28 December 2018, the Melun Administrative Court denied Dr Marc Arazi access to the original and full mobile phone test reports carried out by the French National Frequency Agency (ANFR) in 2015.
Nor did the Tribunal comply with its request to transmit all written communications (e-mails, letters) between ANFR and ANSES.Jugement TA Melun 28 12 2018 ANFR
The Judge considered, with regard to the communications made during the present proceedings, namely the publication of the reports on the ANFR’s OPEN DATA website in March 2018, that:
“… the measurement reports published by ANFR on 8 March 2018 were only formally harmonised before their publication without any change in their content and that, on the other hand, these reports were electronically signed and can be verified by any interested person by downloading the document…”
A worrying decision on transparency
For Dr. Arazi who issued the alert in July 2016:
“This decision is particularly worrying, because as everyone knows, the devil is hiding in the details. Indeed, ANFR published these data only under the dual legal and media constraints. This would be a serious precedent, if a government agency could “harmonize” the documents and no longer have to provide the original and full signed reports.”
In addition, we had provided the Tribunal, without being retained, with numerous elements suggesting that the reports had been amended to remove all references to the values of the tests on 1gr of fabric. This value is used in the USA for the measurement of the Specific Absorption Rate (SAR).
Appeal in cassation to the Council of State
In view of the importance of both industrial and public health issues, Dr Arazi decided to appeal against the decision of the Administrative Court to the Council of State. For Mr Laurent Goldman, Lawyer at the Council of State and the Court of Cassation, who will represent him:
“Only the production of the initial document could allow the judge to determine whether the version published on the ANFR website had not been modified or removed”
Our association will give him all its support by launching a subscription to help him cover the legal costs of this new procedure.