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CNIL :

Deliberation No. 2006-138 of 9 May 2006 decision to exemption from reporting treatments made for purposes of information or communication

May 9, 2006 - Theme (s):

J.O No. 128 of June 3, 2006

The National Data Protection Commission,

Considering Convention No. 108 of the Council of Europe of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data; Having regard to Directive 95/46 / EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data; Considering Law No. 78-17 of 6 January 1978 on computers, files and freedoms as amended by Act No. 2004-801 of 6 August 2004 on the protection of individuals with regard to the processing of personal data, and in particular Article 24 II; Considering Decree No. 2005-1309 of 20 October 2005 taken for the application of Law No. 78-17 of 6 January 1978 relating to data, files and freedoms, as amended by Act No. 2004-801 August 6, 2004; After hearing Mrs Isabelle Falque-Pierrotin, Commissioner, in his report and Pascale Company, Government Commissioner in his remarks; The following comments:

The treatments made for purposes of information or external communication are common treatments do not appear likely to affect the privacy of individuals as part of their regular use. The Commission therefore considers that it is appropriate to apply the provisions of Article 24.II of the Act of 6 January 1978 and provide treatment of any prior reporting formality. resolves:

Article 1:

Are exempted from declaration treatments made for purposes of information or communication with data on individuals who meet the following conditions.

Article 2 :

Purposes of processing

Treatments must have the sole purposes the establishment and operation of an address file for purposes of information or external communication relating to the purpose or activity pursued by the person or entity that implements processing, to the exclusion of all commercial solicitation. In case used a communication service to the public online (website), a treatment of connection data for statistical purposes may be made.

Article 3 :

Processed data

The data processed for the purposes described in section 2 are: identity: full name, address and phone number (landline or mobile), fax number, email address;

professional life: business address, quality or function, titles and distinctions;

interests, to the exclusion of those who show directly or indirectly, racial or ethnic origin, political opinions, religious or philosophical or trade union membership of people, or are related to health or the sex lives of people (Article 8 of the Act of 6 January 1978);

connection data (date, time, Internet Protocol address of the visitor's computer, page viewed) for statistical purposes only estimation of site traffic.

 

The recorded data can not be other treatments or interconnections or linking with other applications. The recorded data can be used for political canvassing, electoral or commercial.

Article 4 :

Data Recipients

Can only be recipients of the data, the authorized persons within the services whose mission is to disseminate the information referred to in Article 3.

Article 5 :

Information to data

The persons concerned are informed at the time of collection of their data, the identity of the controller, the aims pursued by the treatment of the compulsory or optional nature of responses to, possible consequences, in respect of a reply, the recipients of the data, their right of opposition, access and rectification as well as how to exercise their rights. On the occasion of any information or communication operation, the right of access, rectification and opposition must be reminded to those concerned. When the head of public online communication service uses automated data collection processes designed to access, by electronic transmission, the information stored in the user's connection terminal equipment or to register, by same path information in his connection terminal equipment (eg cookies, Java applets, active X components or other mobile code), users are informed of the purpose of the use of these methods and means they have to oppose it.

Article 6 :

Length of storage and updating of data

The data referred to in Article 3 are kept for the time necessary for the purposes set out in Article 2 and are updated annually.

Article 7 :

Security

The controller shall take every precaution to preserve data security and in particular prevent them from being distorted, damaged, or that unauthorized parties have access. Access to treatment is by means of an individual password periodically renewed or by any other device at least equivalent.

Article 8 :

Data transmissions to third countries to the European Union

Can not claim the benefit of exemption automated treatments involving the transmission of personal data to third countries to the European Union, including where the transmission is carried out for the purpose of subcontracting. These treatments are subject to prior reporting formalities to CNIL under the conditions provided by the law of 6 January 1978.

Article 9 :

Effects of the declaration of exemption

Treatments that meet the requirements of sections 2-7 can be implemented without delay and without prior notification to the CNIL. Reporting Exemption exempts responsible for such treatment of any of its other obligations under the legislation applicable to the protection of personal data.

Article 10 :

The simplified standard No. 15 issued by Resolution No. 80-032 of 21 October 1980 is repealed. Article 11

This decision will be published in the Official Journal of the French Republic. The Chairman Alex Türk

 

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