Personal data: the CNIL satisfied with half of the projects ... - TF1

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To protect European citizens against abuses associated with the use of their personal data, the European Commission has recently presented a major overhaul of legislation dating back to 1995. For the National Commission on Informatics and Liberties (CNIL ), the text proposed by the European Justice Commissioner Viviane Reding “this considerable progress,” but also “elements of concern.”

The President of the CNIL, Isabelle Falque-Pierrotin recognizes it the “major advantage” to submit to the European law all data processing on a European resident in a non-European-based company: light is European law that would apply to a French victim of abuse by an American internet company, for example.

Complaining Malta

But, says the President of the CNIL, the European text raises the problem of the concept of “principal place of business”, according to which the competent regulatory authority in the event of a dispute with a European citizen that the location of the company and not the complainant.

“Specifically, if a firm is located in Luxembourg or Malta, (if) a French citizen complaint, the complaint will be educated exclusively by Luxembourg or Malta CNIL,” said Isabelle Falque-Pierrotin which calls for a competence of the authority of the country of the complainant. “We hope that the French government as a whole is strongly mobilized against this issue,” she said, on the occasion of the publication of its annual report.

The French

aware

This report indicates that the CNIL has recorded more than six thousand complaints in 2012, a record that reflects “the explosion of personal data” in the context of digital development. This strong activity also reflects “the sensitivity of our citizens to the protection of personal data,” said Isabelle Falque-Pierrotin. As in 2010 and 2011, opposition to be included in a file, all sectors is the main reason for referral (46% of complaints).

Complaints of internet industry / telecom accounted for 31% of applications (removal of photographs, videos, comments, contact information, social networks, fake profiles …). 1050 complaints for the “right to be forgotten”.

The commercial sector represents 21% of all complaints received (radiation advertising files, conservation banking information, management of customer files, lack of privacy …). 15% of complaints relate to the labor sector (video, geolocation …) and 10% of the banking sector.