Legislation: In addition to submitting its report in 2012, the CNIL expressed advances in European legislation on personal data. It is clear that harmonization is not won.
National Data Protection Commission (CNIL) has tried to make its commitment to redirect European harmonization around the protection of personal data in the European Parliament debate. During the presentation of its balance sheet in 2012, the President of the CNIL, Isabelle Falque-Pierrotin, called for a “government support”.
This is only a concern of the moment to the CNIL, but it is huge. The European regulatory framework, established in 1995 with the directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data, is being seriously groomed.
European harmonization difficult
European Commissioner for Justice, Fundamental Rights and Citizenship, Viviane Reding, has taken the initiative in this revision of the 1995 Directive. An approach “supported from the outset” by the CNIL, justifies Isabelle Falque-Pierrotin, who speaks of a adoptable settlement in 2014, providing strategic direction for three years.
“This proposal is currently under discussion in the European Parliament. It been a very important lobbying, with more than 3,000 amendments. This shows the issue behind the protection of personal data, and we hope that French government to mobilize more strongly against this. “
objective is particularly tight, as if there is agreement, it must be made “before the summer”. That criticizes the CNIL project Viviane Reding? Not much, except that the famous revisions pushed to define a criterion for selection of competent jurisdiction would be detrimental to citizens.
“We are concerned by the notion principal place of business in the heart of the governance system.” This rule would require an investigation by the CNIL residence of the principal of a business establishment. Clearly, if a French citizen has a dispute with a giant digital based in Ireland … This is the Irish CNIL be competent.
which was recently in Germany with Facebook: Justice of the Rhine rejected the decision of the authority of personal data protection in the German state of Schleswig-Holstein, who believed that Facebook had no right to require users to reveal their real names … on the grounds that Facebook, whose European headquarters in Ireland, was to qualify for the Irish law on the matter.
situation, that the issue of jurisdiction may be, shows the need to harmonize the legislation on protection of personal data at European level. For now, if the CNIL “hopeful that the device is similar to [its] proposal,” it also highlights the concerted pending regulatory solutions.
Otherwise, “in a number of cases, national authorities will no longer be relevant with respect to their own nationals,” National CNIL not becoming “a single mailbox,” says the report of the CNIL .
Complaints up
authority has also expressed its balance sheet for the past year – the original purpose of the press conference this morning in Paris. With the observation that 6017 complaints were filed, an increase of 4.9% compared to 2011. The CNIL also has 3862 applications indirect access, an increase of 75%.
This is due to several factors, according to Isabelle Falque-Pierrotin:
- increased awareness of citizens on the subject of personal data and protection of privacy
- scanning growth of personal data in all areas (work, medical, commercial, etc.)
- new missions CNIL recognized in 2011 (data monitoring CCTV, etc.).
increase of cases treated and expanded powers makes “hard” steering the institution considers its president, although she admits that the CNIL has been “well treated in terms of budget” , including permission to create seven positions in 2012.
Necessary estimates the CNIL, all these missions repression accompany more of a “support process,” she says. Accompanying players, first, whether public or private, with factsheets on personal data labels of conformity issued products and services that follow the recommendations – 16 have been issued since June 2012, and development of computer related and Freedoms (CIL) in private and public organizations, numbering 11,000 today.
“The archaeological retrograde” meets entrepreneurs
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hot topic – although slightly artificial: supporting innovation. Respondent, without naming, Gilles Babinet, the Digital Champion who had called for the closure of the CNIL in dealing with “flagship archaeo-backward”, Isabelle Falque-Pierrotin tried to do the opposite of this vision authority.
“To support innovation, the CNIL has structured its organization,” the report says. After creating a team of 10 computer experts – “that makes us the best CNIL Europe in this area” – including the authority “was commissioned by his European counterparts to conduct the audit poirtant on privacy policies Google. It is perfectly ability to discuss with the major players in the Internet. “
Another point, a “direction of education, innovation and foresight was created in 2011,” said President, which “is a space for exchange and reflection on issues IT and freedoms’ , “says the report of activities 2012. Finally, the CNIL hammers it with its “Innovation Lab” was also created in 2011.
support for public and private actors, the CNIL seeks as much as possible to stand out from its core mission to violations, the protection of personal data. A necessary step, but can not hide the major challenge is the increasing presence of powerful foreign actors such as GAFA. The eventual agreement on the European harmonization could nonetheless help to clarify this point.
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