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Commission nationale de l'informatique et des libertés

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The CNIL is an independent french administration authority about computers files about people.

Information will be added now from french wikipedia.

The Commission nationale de l'informatique et des libertés or CNIL is a french institution whose mission is to ... (veiller) to protect personal datas. Created by law n° 78-17 du 6 janvier 1978 about computers, and files and about libertyies, the CNIL is an independant administrative autorité .

Composition and indépendancy

The CNIL is compoed of a pluralistes collège of seventeen people, four of them are parlementaires. Twelve of these memebers are elcted by organisations they represent.

Its administrative autorité status gives it a total independance in the way she can choose the actions to do. However, its power is limitated and defenied by law. The CNIL is financed by the budget of the french State.

Power

The CNIL register the setup of informatised systems which process personal data on the french territory. Ainsi more than 800 000 déclarations of such systèms was yet done in septembre 2004. Moreover, the CNIL ... (veille) the law to be applied in this domain and so do about 50 control missions each year. She can give warnings to organisations or people not following the law. She can dénuonce them to the Parquet.

  • 300 nominative information systems are déclaréd each day.
  • 8000 phone call per month.
  • 4000 ... (pleintes) or ask for information each year.

regulation

The principles of regulation abut personal data process (the main ones are)

  • all illegal collect mean are forbidden
  • the aim of the data files must be explicit ;
  • people registred in files must be informed of their rigths, for example, for rectification and deletion of these data on demand ;
  • finaly, no décision about one person can be decided by a computer.

The archivage of sensibles informations can generate 5 years in jail and 300 000€ of fine.

European and international context

The Suède, in 1973, the Germany in 1971, and France in 1978 were the three first states to vote for such a law computer and liberty law. Those laws works with independant authority for control.

Some international , economical and political structures have been inspired. The Organisation pour la coopération et le développement économique (OCDE) (EDCO) in 1980, the Conseil de l'Europe in 1981 and the Nations unies (ONU) (UNO) in 1990. In 1995, the European Commission voted a directive in this way. In 2004 25 countries have to apply it.

See also