FranceGDPR Articles 12-21 and Loi 78-17 Article 49, Data Subject Rights in France
Regulation (EU) 2016/679, Arts. 12-21; Loi n. 78-17 du 6 janvier 1978, Art. 49
In force since .
A data subject rights rule binding public and private bodies.
As of .
What it requires
- Honor a person's request to access, rectify, erase, restrict, port, or object to processing of their personal data in France within one month of receipt.
- You need not give a person in France access to personal data you keep in a form that manifestly excludes any risk to their privacy, for no longer than necessary, solely to produce statistics or for scientific or historical research, under Loi n. 78-17 Article 49.
- Expect a French judge to be able to order measures to stop a person's personal data being concealed or destroyed while their access request is pending, including in summary (référé) proceedings, under Loi n. 78-17 Article 49.
What this law does
Under General Data Protection Regulation (GDPR) Articles 12 to 21, a person in France can ask a controller for access to their personal data and for its rectification, erasure, restriction or portability, or object to its processing, and the controller must answer within one month, a period it may extend by two further months for complex or numerous requests.
Article 49 of the Loi Informatique et Libertés adds two rules: a controller need not give access to data kept in a form that manifestly excludes any risk to privacy, for no longer than necessary, solely for statistics or scientific or historical research; and where data risk being concealed or destroyed while an access request is pending, a judge can order measures to prevent it, including in summary (référé) proceedings.
When LexLint raises it
When your app profile says your app crawls the web, trains models, generates content with AI, deploys a chatbot or sends automated outreach.