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.
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.
In the wake of information disclosed by Edward Snowden regarding the U.S. National Security Agency’s and Federal Bureau of Investigation’s actions through the PRISM program, two French individual liberties defense associations have filed a motion to open a criminal investigation regarding these actions which contains, in addition to claims against U.S. law enforcement entities, allegations against U.S.-based companies that provide Internet services.
On June 12, a French Court of Appeals upheld a decision ordering Twitter to divulge the identities of the authors of anti-Semitic tweets, which are illegal under French law. In a detailed analysis of the court’s order for the IAPP Privacy Perspectives blog, Winston Maxwell and Christopher Wolf describe how the order, issued directly by the French court to California-based Twitter, which does not have a French establishment, implicates jurisdictional issues and calls into question the use of anonymity as a privacy shield to post hate speech online.
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.
A February 4, 2013 article published by the specialized healthcare news site “Actusoins” revealed data breaches at several French hospitals and clinics, demonstrating that such incidents can occur even in a highly-regulated jurisdiction. The journalist was researching another article, and entered the name of a physician into Google. The journalist was astonished to find at [...]
Nicolas Colin, one of the authors of the report proposing a “privacy tax” in France that we blogged about on January 22nd, just explained his report in more detail in this Forbes blog entry. Readers interested in this issue may find the Forbes blog post of interest.
The French government released on January 18, 2013 a 200-page study prepared by Pierre Collin and Nicolas Colin proposing changes to international tax rules to take better account of value creation by digital firms. As a shorter term step, the report proposes that France create a tax that would affect all firms that create value [...]
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 [...]
Hogan Lovells privacy attorneys examine the challenges of deploying geolocation services in five jurisdictions, including France, Spain, Germany, the United States and Hong Kong.
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.
On August 26, 2011 France implemented new EU provisions on data breach notifications for electronic communications providers, as well as new provisions requiring prior consent for cookies. The French measure also gives the government power to order security audits for electronic communications providers.
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.
French Supreme Court invalidates whistle blowing code of conduct because it exceeds scope of CNIL blanket license
French Senators propose a new law that would declare all IP addresses to be personal information, increase the sanctioning powers of the CNIL, introduce new data breach obligations, and make the use of certain cookies subject to opt-in.
Part 2 of France’s online infringement law, HADOPI 2, is adopted by French parliament.
On August 19, 2009, the French Official Journal published the French Data Protection Authority’s (‘CNIL’) long-awaited recommendations on the transfer of personal data for U.S. discovery purposes (‘Recommendations’, currently only available in French). The Recommendations were based at least in part on suggestions from a working group composed of representatives from all stakeholders, which was set up by the CNIL in 2008. The [...]