Law / France

Loi 78-17 Articles 48 and 51 II, Rights of Minors in France

Loi n. 78-17 du 6 janvier 1978, Arts. 48 and 51 II

In force since .

A data subject rights rule binding public and private bodies.

As of .

What it requires

  • When you collect personal data from a minor under fifteen in France, give them the information General Data Protection Regulation (GDPR) Article 13 lists in clear, easily accessible language, under Loi n. 78-17 Article 48.
  • On request, erase without delay personal data you collected in offering an information society service from a person who was a minor in France when you collected it, and take reasonable steps, technical ones included, to tell any controller you passed it to that the person asked for erasure of any link to, copy or reproduction of it, under Loi n. 78-17 Article 51 II.
  • Expect a person in France whose Article 51 II erasure request you do not carry out, or do not answer within one month, to be able to refer it to the CNIL, which decides within three weeks.

What this law does

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Research summary

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Article 48 of the Loi Informatique et Libertés requires a controller that collects personal data from a minor under fifteen to give the minor the information General Data Protection Regulation (GDPR) Article 13 lists, in clear and easily accessible language. Article 51 II requires a controller, on the person's request, to erase without delay personal data collected in offering an information society service where the person was a minor when it was collected.

A controller that passed the data to another controller must take reasonable steps, technical ones included, to tell it that the person asked for erasure of any link to, copy or reproduction of the data. If the controller does not erase the data or does not answer within one month, the person can refer the request to the CNIL, which decides within three weeks.

When LexLint raises it

When your app profile says your app serves under-18s.

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