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Rights guaranteed by CNIL (« Commission Nationale de l'Informatique et des Libertés », the French data protection agency)
The Commission Nationale Informatique et Libertés (CNIL) was created by the law no.78-17 of January 06 1978 relating to files, Information Technology and civil liberties. CNIL's essential purpose is to protect private life, individual and public liberties.
It also monitors the correct application of the law of January 06 1978, which guarantees citizens specific rights regarding the collecting and processing of personal data.
CNIL guarantees four rights to citizens:
- the right of information,
- the right of objection,
- the right of access,
- the right of rectification.
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The right of information:
You have a right to see the personal data held about you, both the data that you have supplied and its use.
The right of information does not include police or gendarmerie files, files relating to criminal convictions, or where the information is shown to be impossible or very difficult to obtain.
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The right of objection:
You can object to appearing in a file.
You can refuse, without any reason, the use of data concerning you for prospecting purposes (canvassing for example).The right of objection is expressed by:
- the refusal to respond to the collection of data that is not part of the mandatory fields or the handling of sensitive data such as political opinions or religious convictions.
- the opportunity to demand that data concerning you is not transmitted or marketed.
The right of objection cannot be exercised for the files of public organisations: police departments, tax departments, justice departments, social security departments, etc
The right of objection is exercised at the time the information is collected or later by contacting the department or organisation responsible for the file. The right of objection cannot entail any costs.
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The right of access:
You have the right to ask the manager responsible for a file or data processing if they hold any information about you, and this can be communicated to you, once you have provided proof of your identity. You have the right to be informed of all the information concerning you, free of charge other than the cost of the copy.
You can find out:
- the purpose for which your personal data is being used;
- the type of data stored;
- the recipients of the file;
- possible transfers of this data to countries outside the European Union.
The right of access is exercised directly with the organisation holding this information and allows you to check the accuracy of the data.
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The right of rectification:
The right of rectification allows you to correct, complete, block, or delete information concerning you.
To exercise this right, you must contact the organisation holding this information.
The data processing manager must prove that he or she has carried out the rectifications requested and notify third parties to whom the incorrect data could have been transmitted.
You can obtain the copy of the changed record free of charge.
