Tag Archives: CNIL

French Data Protection Authority Moves Forward with Privacy Seal Project

Posted on October 4, 2011 by Hunton & Williams LLP

On September 22, 2011, new provisions under the French Data Protection Authority’s (“CNIL’s”) internal regulation (Délibération n°2011-249 du 8 septembre 2011) came into force. The CNIL recently amended its regulations to incorporate a new chapter (Chapter IV bis) that sets forth a specific procedure for issuing privacy seals in accordance with the French Data Protection Act. The Act authorizes the CNIL to “issue a quality label to products or procedures intended to protect individuals with respect to processing of personal data, once [the CNIL] has recognized them as in compliance with the provisions of the Act.”

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French Data Protection Authority Elects New Chair

Posted on September 21, 2011 by Hunton & Williams LLP

On September 21, 2011, the board of the French Data Protection Authority (the “CNIL”) elected Isabelle Falque-Pierrotin as its new Chair, following Alex Türk’s resignation which he officially tendered at the board meeting.

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Chairman of French DPA Announces Resignation

Posted on September 15, 2011 by Hunton & Williams LLP

On September 14, 2011, Alex Türk announced that he will be resigning his position as Chairman of the French Data Protection Authority (the “CNIL”), in accordance with a recent amendment to the French Data Protection Act (Loi n° 2011-334 du 29 mars 2011 relative au Défenseur des droits).  The amendment prohibits the CNIL’s Chairman from holding any other elected office or public position.  Although this restriction does not enter into force until September 1, 2012, Mr. Türk, who also serves as a senator in the French Parliament, chose to resign prior to the upcoming French senatorial elections, set for September 25, 2011.

Mr. Türk will officially tender his resignation at the next CNIL board meeting, on September 21, 2011.  The resignation will be effective immediately, and a new Chairman will be elected that same day.

For more information (in French), view the CNIL’s press release.

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France Introduces Prior Opt-in Consent for Cookies

Posted on August 26, 2011 by Hunton & Williams LLP

On August 24, 2011, France’s new law concerning electronic communications (Ordonnance n° 2011-1012 du 24 août 2011 relative aux communications électroniques, or the “Ordinance”) came into force.  The Ordinance implements the provisions of the revised EU Directive 2002/58/EC (the “e-Privacy Directive”) with respect to the French Data Protection Act of 1978, the French Postal and Electronic Communications Code and the French Consumer Protection Code.  Specifically, the Ordinance amends the existing legal framework concerning cookies and introduces an opt-in regime for the use of cookies. Continue reading…

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French Data Protection Authority Releases New Guidance for Health Professionals

Posted on July 6, 2011 by Hunton & Williams LLP

On July 1, 2011, the French Data Protection Authority (the “CNIL”) released a comprehensive handbook for health professionals (the “Guidance”).  The Guidance reiterates that health professionals (e.g., doctors, nurses, hospitals, research laboratories) have an obligation to comply with the French Data Protection Act when collecting and processing health data on patients.

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French Data Protection Authority Unveils its Goals for 2011 Inspections

Posted on April 27, 2011 by Hunton & Williams LLP

On April 26, 2011, the French Data Protection Authority (the “CNIL”) issued a press release unveiling its inspection goals for the coming year.  In a report adopted on March 24, 2011, the CNIL indicated that it intends to conduct at least 400 inspections in France (100 more than the 2010 goal), with a special focus on the following issues: Continue reading…

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French Data Protection Act Amended

Posted on March 31, 2011 by Hunton & Williams LLP

A new French law containing several key amendments to the French Data Protection Act and creating a new public authority referred to as the “Defender of Rights” (Loi n°2011-334 du 29 mars 2011 relative au Défenseur des droits, or the “Law”) came into effect on March 30, 2011.  The Defender of Rights, whose role is to defend civil rights and liberties, to promote children’s rights and to fight against discrimination, also will serve as a member of the CNIL’s plenary committee.

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French Data Protection Authority Levies Record Fine Against Google

Posted on March 22, 2011 by Hunton & Williams LLP

On March 21, 2011, the French Data Protection Authority (the “CNIL”) published its decision to fine Google €100,000 for violating the French Data Protection Act.

In 2009, the CNIL inspected Google’s geolocation service (“Street View”), which revealed that Google had collected huge quantities of undeclared personal data (e.g., navigation data, email content, logins and passwords) through Wi-Fi connections accessed by its Street View cars.  Google responded that the personal data had been collected by mistake, and promised to stop the Wi-Fi data collection.

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French National Assembly Votes on Amendments to Data Protection Act

Posted on January 17, 2011 by Hunton & Williams LLP

On January 13, 2011, a Bill (Projet de loi organique relatif au Défenseur des droits) containing several amendments to the French Data Protection Act was preliminarily adopted by the French National Assembly.  If enacted, the Bill would amend several key provisions of the French Data Protection Act, including revisions regarding the powers of the French Data Protection Authority (the “CNIL”), and the role of Chairman of the CNIL.  The amendments are summarized below.

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Jerusalem Declaration Calls for International Agreement on Data Protection Enforcement

Posted on December 10, 2010 by Hunton & Williams LLP

The 32nd International Conference of Data Protection and Privacy Commissioners held in Jerusalem this October continued the trend from past conferences by enacting a resolution, this time with respect to the adoption of global privacy standards.  The Jerusalem Declaration calls for an intergovernmental conference in 2011 or 2012 to negotiate a binding international agreement guaranteeing respect for data protection and privacy, and facilitating cross-border coordination of enforcement efforts.  The basis for the binding international agreement would be the Madrid Resolution, which was adopted in November 2009.

The Jerusalem Declaration was sponsored by the French Data Protection Authority (the “CNIL”) and was seconded by nine other entities, including the Irish Data Protection Commissioner, the New Zealand Privacy Commissioner, the Spanish Data Protection Agency and the UK Information Commissioner’s Office.  Despite the resolution, it seems highly unlikely the intergovernmental conference will take place within the proposed two-year timeframe.

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