Persons who are not affiliated to a social security scheme or who are beneficiaries of such a scheme may be asked to take part in performance studies which do not involve any risk or constraint and in which all the procedures are carried out and the products used in the usual way.
By way of derogation, the Personal Data Protection Committee may authorise a person who is not affiliated to a social security scheme or who is the beneficiary of such a scheme to take part in performance studies, with the exception of those which do not involve any risk or constraint and in which all the procedures are carried out and the products used in the usual way. Reasons must be given for this authorisation. It must be based on at least one of the following conditions:
1° The importance of the expected benefit for these persons is such as to justify the foreseeable risk incurred;
2° These performance studies are justified with regard to the expected benefit for other persons in the same legal situation. In this case, the foreseeable risk and the constraints involved in the performance study must be minimal.