That DOES THE CNIL EURESA SYSTEM
What’DOES THE CNIL ?
The Protection of Personal Data is at the Heart of Current concerns. In Question, The Development of Technologies that tends to erase the Boundaries Between Public and Private. In France, a specialized institution has been created to protect citizens.
This is the cnil.
Whatority Fulfill's Whatority Missions ? The Answers in this article.
What is the cnil ?
Thereby freer is one of the fundamental Rights Enshred in the Universal and European Convention on Human Rights. Under these provisions, an individual also has the right to have a private life.
However, some computer processing operations run counters to these right. These actions can for example be the collection or the safeguard of data in company, through its various subdivisions.
The situation did not fail to make the authorities react. The question is to know How to protect citizens.
Of the regulation have been able to in place to take this operations and preserve the right citizens. An Organization that monitors their respect has also been created. This is the cnil. But what is the cnil and what is its purpose? ?
Thereby CNIL OR National Commission for Computing and Liberties is an organization set up in application of the data protection act. This was adopted on January 6, 1978.
Her ROLE IS TO GUARANTE THE SECURITY OF PERSONAL DATA. And this, with their nature, where they are transcribed on paper or conveyed in the form of computer file.
The cnil has the status of an administrative independent authority (aai). This means that she Legally constituted a public body. However, She works in all Automy, and not under the supervision of the state.
It is formed by 18 members, Actointed or electted.
What are the 4 missions of the cnil ?
The Cnil Works With Both Individuals and Professionals, playing a role of advisable. It helps the first to preserve their personal data. It also guides professionals to align themselves with the regulations in force.
Its missions are divided into 4 hands categories.
1/ Inform and Ensure Respect for Human Rights
The Cnil Must Carry Out Communication Actions with individuals in order Inform them of their rights. It can also organize campaigns to sensitization Within Your Company. The like is to make your employed aware of their obligations with look to the processing of personal data.
If an individual notes a violation of his rights, he can complaint with the cnil.
2/Help the Implementation of European Regulations
The Cnil Offers A accompanied In the context of compliance with the GDPR (General Data Protection Regulations). It also works with state institutions. It provides them with advice to develop a regulatory Framework favorable to individuals and professionals.
3/Evolve the devices in place
The cnil closely follows developments in the professional environmental environment, eSpecially in the digital sector. She then Advances proposals In order to improve the existing regulatory framework.
4/Ensure Compliance with the Regulations Relating to the Protection of Personal Data
The Cnil Monitors The Application of the Regulations In Force Concerning the Processing of Personal Data. She has the right to sanction Any Company that do not respect the principles set out.
What is the power of sanction of the cnil ?
The Rights of the Cnil in Terms of Sanctions Have Evolved Over Time, in Particular Sale 2004, After A Revision of the Texts in Force. Now can go up to impose on a financial penalty on offending companies.
However, the procedure is Carried Out According to Well-Etablished Hierarchy:
- She must first send you have warning ;
- This is followed by a Formal notice, The Period of Which can be shortned to 5 days in emmergency situations.
If you correct the reported errors, the procedure will end. Otherwise, the cnil can prosecute it.
TEA penalties Which Follow can reach several levels Depending on the Seriousness of the Breaches Observed. The Organization May imposes a Financial Penalty, Issue an injunction for the cessation of processing operations or the withdrawal of authorization.
He may also ask you toInterrupt Processing or Block part of your data. If none of these resolves procedures the situation, the cnil is entitled to inform the prime minister or pass the matter to the judge in chambers. The Later can then take the appropriate measures to put an end to the violation identified.
How do the cnil decide to carry out an inspection ?
All the prerogatives Grant to the cnil are translated into legal texts. They can help you understand what is the cnil and what are its missions.
The Same Texts Authorize The Institution to Carry Out A control when shortcomings Are raised or after receiving complained Relating to your structure. One or more Members of the Organization can carry out the necessary examination on site. They may ask you to provide them with information or a copy of the documents that justify or refute the misconduct reported.
You do not have You do not have the right to oppose the control actions of the cnil. Likewise, it is forbidden to hide any information. The Manager and his collaborators must make sure to facilitate the procedure.
An opposition, a refusal of cooperation or a false declaration can be sanctioned. The Law Provids for a One-Year Prison Sentence and A Fine Of 15,000 euros.