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Issues on Legislation of Personal Information Protection Law in the France

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 44(), pp.417-434
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

BAEK YUN CHUL 1

1대구사이버대학교

Accredited

ABSTRACT

As technology developed rapidly, the era of E-Government and Ubiquitous has been brought into the real world. Especially, by virtue of the development of telecommunication and internet technology, the effectiveness and convenience of the works (or tasks) has been increased through an E-commerce and On-line service in the industries. On the contrary, the issue of misuse or abuse of personal information has been centralized in the society since there has been increased number of problems related to misuse or abuse of personal information. Thus, many scholars have focused on how to use or control personal information and how much discretion should we allow the authority to handle personal information. Information of individuals in the france: the persons whose personal data are collected must be informed of (1) the compulsory or optional nature of the responses, (2) the consequences of failing to give an answer, (3) the categories of persons or organisations who could eventually have knowledge of the data, and (4) the place where the right of access and rectification may be exercised (Article 2 of the decree of 23 December 1981: failing to give information is punished by a fine of 1 500 €). Reinforced protection of sensitive data : any information which shows, directly or indirectly, racial origins, political, philosophical or religious opinions, trade union membership, or moral principles of the person can only be collected and recorded with the express (written) agreement of the person concerned. As an exception, such data may, for reasons of public interest, be collected on the authorisation of a decree by the Council of State issued on the recommendation of the CNIL (this may be the case for certain police files). Article 226-19 of the Criminal Code sanctions all breach of these provisions by 5 years' imprisonment and a 300 000 € fine. Data protection rights: Every person may contact an organisation directly to find out if he is listed or not by that organisation. Every person may, on simple request addressed to the organisation in question, have free access to all the information concerning him in clear language (any codes must be explained) and obtain a copy against payment of a fee, fixed by the State, of 3 € for the public sector and 4,6 € for the private sector. Every person may ask the CNIL to proceed with checks of the information concerning him which may possibly be recorded in files concerning security of the State, defence, or public security (right of indirect access). The CNIL verifies the relevance, the accuracy and the updating of this information and can demand that it should be rectified or deleted. Every person may contact the CNIL to receive assistance in the exercise of his rights (particularly if his right of access has been denied).

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