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.
- How the hook was established
- express
- What makes it apply
- Operator establishment, Market targeting, User location, Place of effect
- Audit expectation
- none
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.
These lines are LexLint's reading of the law's text. Also read by: Commission nationale de l'informatique et des libertés (CNIL) (guidance, recorded ); Case C-307/22 FT v DW, judgment of the Court of Justice (First Chamber) of (recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62022CJ0307
- Guidance link
- https://www.cnil.fr/fr/repondre-une-demande-de-droit-dacces
- Case citation
- Case C-307/22 FT v DW, judgment of the Court of Justice (First Chamber) of
- Guidance body
- Commission nationale de l'informatique et des libertés (CNIL)
- Open questions
- Does the eight-day period that the CNIL, citing article L.1111-7 of the Code de la santé publique, gives for communicating health data displace the one-month period of Article 12(3) of the GDPR?
What record it asks for
Logging duty
Articles 12 to 21 and Loi 78-17 Article 49 set how and when a controller answers a rights request. They state no duty to create, keep or produce a log or record of the request or the answer.
- Kind
- None
- As of
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 processes personal data.
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