Protection of personal data in France
Protection of personal data in France
In France, there has been full protection for personal data since the 1970s.
The 1978 Act on data processing, data files and individual liberties created the French Data Protection Authority (CNIL – Commission nationale de l’informatique et des libertés), an independent administrative authority. It was formed to address the problem which arose with the emergence of data processing and the Internet, allowing simpler and faster collection of personal data, and the revelation in the 1970s of a government project to identify every citizen by a number and connect all government databases.
The 17-member CNIL is made up of members of the National Assembly and Senate and the Economic and Social Council, representatives of France’s highest courts (Conseil d’Etat¹, Court of Cassation² and Cour des Comptes³] and senior public figures. Appointed or elected by the assemblies or courts to which they belong, the members receive instructions from no one and are independent.
The CNIL’s main task is to protect private life and personal and public freedoms. It is responsible for ensuring compliance with the 1978 Act, which entrusts it with the following main missions:
Register files: anyone wishing to create a paper or computer file containing personal data has to inform the CNIL and in some cases obtain permission to do so. Some files are prohibited (race, religion, etc.) Failure to comply with this requirement can lead to penalties.
Guarantee the right of access: every citizen has to have right of access to his/her personal data. The CNIL ensures this right of access.
Inform: the CNIL informs people of their rights and obligations, and proposes to the government new measures as and when technological developments make this necessary.
Make rules: the CNIL establishes simplified rules so that those governing the most common and less dangerous files are less strict.
Source: CNIL website (English) www.cnil.fr/index.php?id=4
¹Supreme administrative court which also advises the government on legislation
²Supreme ordinary court, court of trial appeal on questions of law and exercising ultimate supervision over all the courts applying private law, including criminal and social security law. It either upholds a judgment or "quashes" it and remits the case for rehearing by another court of the same rank as the one which gave the original judgment.
³Independent court responsible for auditing the accounts of State treasuries and paymasters at national level and for supervising the carrying-out by the appropriate officials of budgetary measures decided by Parliament. It also has judicial powers and can impose sanctions.
Last updated: 16.01.2007