One year of Data Protection Enforcement in France: what the CNIL’s Activity Report 2013 Reveals and what to expect in 2014

One year of Data Protection Enforcement in France: what the CNIL’s Activity Report 2013 Reveals and what to expect in 2014

According to the French Data Protection Authority’s (“CNIL”) just lately issued exercise report for 2013 ( ), the CNIL was particularly busy in 2013. The fundamental subjects addressed by the CNIL in 2013 have been the creation of a nationwide shopper credit score database, the proper to be forgotten, the proper to refuse cookies, the proposed EU Regulation, and, of course, the revelations regarding the I.J. Prism program and the surveillance of European residents’ private knowledge by international entities. The report additionally presents the primary points that the CNIL will sort out in 2014. Such points embrace privateness in relation to open information, in addition to in relation to new well being monitoring apps or quantified self apps. The CNIL will even cope with “” and extra particularly, on how to take care of the social community profiles of deceased individuals.

The CNIL’s report begins with what was the central challenge in information safety all through 2013, the I.J. Prism program and extra typically any mass surveillance packages of European residents by international entities. The CNIL created a working group on the associated topic of lengthy-arm overseas statutes which permit international administrations to receive private knowledge from French and European residents. Such statutes have numerous functions (combating cash laundering, corruption, the financing of terrorism, and so on.) and lead to the creation of black lists. In addition, the CNIL addresses these topics with the different Data Protection Agencies inside the Article 29 Working Party.

Another essential matter was the proposed creation in France of a centralized nationwide register the place all client credit score traces opened by a person would have been listed, in order to permit credit score firms to confirm a person’s stage of debt. Indeed, client credit score strains are pretty simply granted in France, and some shoppers accumulate credit score traces past their fee capacities and in the end default in cost. The CNIL rendered unfavourable recommendation on this register arguing that it breached the proportionality precept of the French regulation on information safety. Indeed, since solely a small minority of individuals defaults, it thought of that the assortment and processing of knowledge from all credit score customers was disproportionate. The register was however authorised by the Parliament, however was instantly overruled by the French constitutional court docket in 2014, which, like the CNIL, thought-about that the register breached the proper to privateness.

The CNIL additionally issued a advice in 2013 on how to get hold of legitimate consent for cookies and any kind of on-line monitoring units. The CNIL had initially interpreted consent for cookies (ensuing from the e-privateness directive) as that means specific “choose-in” consent. But the CNIL lastly backtracked and issued its 2013 advice permitting for decide-out consent, supplied that web site customers are duly knowledgeable. In observe, the CNIL recommends the use of a banner on the web site, stating that the web site makes use of cookies and itemizing the functions of the cookie. The consumer could click on on the banner to refuse some or all cookies. But the banner supplies that if the person continues to surf the web site, he/she is deemed to have accepted the cookies (which is a type of decide-out consent). Some cookies, together with these essential for the functioning of the web site or for safety, don’t require consent.

With regards to of the CNIL’s auditing and sanctions in 2013, the CNIL’s priorities remained dedicated to coaching, selling consciousness on knowledge safety and issuing steerage for firms. Imposing monetary penalties stays an exception. Statistics of the CNIL’s auditing and sanctions actions in 2013 show this fairly clearly:

5640 complaints: Complaints to the CNIL have been steady in 2013. The CNIL attributes this stability to its new steerage accessible on its web site. This steerage offers with frequent points reminiscent of video surveillance and direct advertising and marketing, and helps corporations to comply, thus stabilizing the quantity of complaints to the CNIL.

414 audits: seventy five% of the CNIL’s audits in 2013 have been of non-public corporations, and 25% have been of public administration. Many audits occurred after a criticism was filed with the CNIL (33% of the audits), however audits have been additionally carried out at the initiative of the CNIL (27%) or following a earlier sanction to ensure that the firms have been now compliant (sixteen%). Finally, 24% of the audits have been devoted to sectors chosen by the CNIL: in 2013, corporations coping with open information in addition to surveys have been audited, and the social companies administration was additionally audited.

14 selections with sanctions: This contains S warnings and solely S monetary penalties.

For 2014, the CNIL has recognized 4 main matters: open information, well being knowledge, and “digital death”. On open knowledge, the CNIL will audit the present authorized framework and will suggest enhancements. The CNIL itself needs to open its information (rendered nameless) to the public. With regards to well being information, the CNIL will examine the affect on privateness from apps and different instruments (“quantified self”) that enable people to monitor their well being and bodily exercise. The CNIL will tackle “digital death”, in explicit how to cope with information of a deceased individual. Finally, the CNIL will conduct audits in the penitentiary administration in order to confirm whether or not the rights of prisoners to privateness are revered.



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