The CNIL, France’s data protection authority, published on 25 February 2014 a new recommendation relating to the collection of credit card information, replacing an older 2003 recommendation. The new recommendation, which represents a de facto standard for online merchants and payment services providers who collect data from French consumers, is more prescriptive than the old, particularly regarding how online merchants should seek consent for the retention of credit card information.
The French data protection authority has just published an amended version of its standard authorization for professional whistleblowing helplines which results in a significant broadening of its scope but also tightens the requirements for anonymous reporting. Under French data protection legislation, whistleblowing helplines are subject to prior authorization by the French data protection authority. Indeed, French data protection legislation require that processes which may result in the exclusion of a person from the benefit of a right or a contract are subject to prior authorization, as could be the case when resorting to a whistleblowing helpline (employees may incur sanctions and be terminated).
Isabelle Falque-Pierrotin, the recently reelected president of the French Data Protection Authority, the CNIL, was elected today to head the Article 29 Working Party for two years effective immediately.
In June 2013, the French National Commission on Information Technology and Liberties announced that, following a question of Member of European Parliament Françoise Castex, it was going to investigate IP Tracking practices that e-commerce sites allegedly used to illegitimately increase their prices. This investigation was carried out in close connection with the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control. In January 2013, MEP Françoise Castex had already alerted the European Commission about this alleged unfair commercial practice. The Commission concluded that national authorities in charge of protecting personal data were competent as the IP address is personal data.
France’s December 18, 2013 law on military spending contains two provisions that facilitate the collection of data by the French military and intelligence services. The first provision relates to the collection of passenger name records (PNRs) while the second, more controversial provision permits French intelligence and security agencies to collect metadata from telecom operators and hosting providers in real time.
In a decision of 16 December, the French data protection authority (the “CNIL”) issued new recommendations with regards to the appropriate fashion in which businesses should implement the so-called “cookie consent law”.
On 14 October, the Article 29 Working Party of EU data protection commissioners published a Working Document providing guidance on obtaining consent for cookies, some eighteen months after the effective date of the so-called “cookie consent law” which required EU websites to obtain consent from Internet users before before placing cookies on their devices. The document analyses, to some extent, the practices more commonly used by website operators to obtain the required consent, and attempts to answer the question as to what measures would “be legally compliant for a website operating across all EU Member States.”
On Monday, a European Parliament Inquiry established to investigate the recent U.S. National Security Agency surveillance revelations indicated that its final report would recommend suspension of the popular EU-U.S. Safe Harbor Framework.
Price discrimination based on tracking of Internet Protocol addresses – numerical identifiers assigned to devices that are connected to the Internet – was in the news again this week after a Belgian Member of the European Parliament, Marc Tarabella, called for action from the European Commission to investigate the practice.
On June 11, the French Minister for Digital Economy indicated during questioning by a French Member of Parliament about the status of the draft data protection regulation that the Minister of Justice had rejected, during the meeting of the European Council held last week, the latest version of the draft regulation.
On April 23, the French data protection authority, the CNIL (Commission Nationale de l’Informatique et des Libertés), published its annual report for 2012, emphasizing a significant increase in complaints, audits, and sanctions. In this blog post, we review each of these topics addressed by the CNIL’s report.
The German publication, Zeitschrift fur Datenschutz, has just published a piece authored by Christopher Wolf, director of the global Privacy and Information Management practice, entitled “A Critical Time for the EU Data Protection Regulation.” The article highlights issues that have been raised about the proposed Regulation, described as ”real and substantial.” The point of the piece is [...]
France’s data protection authority, the Commission Nationale de l’Informatique et des Libertés (CNIL), released on November 14, 2012 English-language versions of its compliance guides for businesses. The first guide, “Methodology for Privacy Risk Management”, provides a step-by-step guide for identifying risks and prioritising remedial actions. The second guide, “Measures for the Privacy Risk Treatment“, provides practical guidance on [...]
CNIL’s recently-released annual report gives insight from France’s authority into sanctions, the right to be forgotten, whistleblowing, and what it believes are several shortcomings in the proposed EU regulation.
The French CNIL’s new guidelines on cloud computing revisit the tricky question of whether a cloud provider is a data processor or a data controller under French data protection law. The CNIL’s guidelines contain seven recommendations for cloud customers, and a list of recommended contractual clauses. The CNIL points out that when the cloud provider is located in a non-European country “local government authorities can send requests to the provider to have access to the data.”
Are BCRs the key to global interoperability? Some think so at the IAPP London conference. This post discusses opinions from conference presenters — will BCRs will become more and more popular as corporations implement new accountability measures, or will they fade under the weight of continued bureaucracy?
CNIL, Falque-Pierrotin, ‘data protection’, privacy, Europe, EU, regulation, BCR, accountability, sanctions, interoperability
The French Data Protection Authority (the Commission Nationale de l’Informatique et des Libertés or CNIL) opened a public consultation on cloud computing, citing the growing significance of the cloud computing market: “already €6 billion at the European level, with a yearly growth of approximately 20%”. The CNIL is focusing on five areas: definition of cloud computing, role of the parties, applicable law, international transfers of data outside the European Union and data security. Public input into the issue is sought by the CNIL, as explained in this blog entry.
A French Court of Appeals in Caen recently confirmed a lower court’s order for the suspension of a whistleblowing system implemented by French company Benoist Girard, a subsidiary of American group Stryker. The decision comes as a surprise as it rejects the approval of the whistleblower system by French data protection authority (the “CNIL”).
The French CNIL found the French provider of universal telephone directory services “Pages Jaunes” guilty of violating several provisions of the French data protection law due to Pages Jaunes’ collection of personal data in social media sites.
An announcement came this week from EC Digital Agenda VP Neelie Kroes of an EU Cloud Strategy (described in this blog entry), for which the former US CIO Vivek Kundra will be an advisor, and it once again raises questions about the application of the EU Directive in the cloud. This is an issue that will be explored through a Moot Court problem at IAPP’s Navigate in Dallas on September 14, also described and shared in this entry.
The anti-piracy efforts of the content industry in France recently resulted in a warning from French authorities that, when policing online piracy through use of a third-party contractor, privacy must be respected and enforced.
The French data protection authority (CNIL) recently simplified the formalities imposed on non-EU companies using data processors in France. While limited in scope as it only relates to processes in the fields of human resources and client and prospects management, the simplification can only be welcomed.
Lionel de Souza, a Hogan Lovells privacy lawyer in our Paris Office provides a thorough review of 2010 developments in French privacy law and a look ahead to 2011.