The management of personal information, what legal approach for social consequences?

the protection of users' personal data from digital services date not today in France.

Indeed, before the famous law on "computer science and freedoms", this aspect of human rights governed by an old Law, Law 78-17 of January 6, 1978 "relating to computers, files and freedoms". Today, although the Computer And Freedoms Act has taken over, the issue has been at the centre of legal requirements for a very long time.

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the by dividing the data into several categories and by a set of data called 'sensitive data' clearly demonstrates the its willingness to put in place a set of systems to monitor and take serious care of the protection of citizens' personal information. And this through a measure of proportionality. "Indeed, given the specificity of the certain categories of data, the legislature has detached itself from the simple balances the purpose of the processing with the data processed and grants a protection for sensitive data by prohibiting "the processing of personal data that reveals racial or racial origin ethnic views, political opinions, religious or religious beliefs, or or union membership, as well as the processing of data genetics, biometric data for the purpose of identifying a person uniquely, health data or data about a person's sexual life or sexual orientation" subject to the limited exceptions listed by the texts consent of the person concerned. pointed out lawyer at the Paris Bar, Cédric Vanderzanden.

from today, any data management and processing body has an obligation to ensure the protection and safety of these. To ensure that these information that is collected under the terms of their activities is not not used for unsparable purposes, including the potential to carry invasion of privacy, privacy, but also other subjective rights individuals involved. In this context, parliament will now require each agency specifies in advance the conditions under which data it will collect, collect, store, while specifying the purpose of their treatments and the consequences that may result.

by Elsewhere, the responsibility of the agencies is automatically engaged when a any data under their load. In the case To the contrary, he then faces heavy penalties. "Heavy penalties with a leading role of the CNIL but also opportunities for action which can therefore be carried out by the public prosecutor's office and the victims. notes Cedric Vanderzanden.

Unlike France, countries such as the United States, for example, have completely banned the processing of certain information deemed sensitive. So-called "sensitive" data should not be collected and stored in an apartment database to a private or public company for processing purposes. Violators under these conditions are subject to criminal sanctions. The ban also affects even the regal forces such as the police under certain conditions.

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