FranceLoi 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.
- How the hook was established
- express
- What makes it apply
- Operator establishment, User location, Place of effect
- Audit expectation
- none
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.NIST Privacy FrameworkCM.AW-P1
- 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.NIST Privacy FrameworkCT.DM-P4NIST Privacy FrameworkCM.AW-P5
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 ).
In the frameworks
- NIST Privacy Framework
- CT.DM-P4Data elements can be accessed for deletion.
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
- CM.AW-P5Data corrections or deletions can be communicated to individuals or organizations (e.g., data sources) in the data processing ecosystem.
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Guidance link
- https://www.cnil.fr/fr/recommandation-2-encourager-les-mineurs-exercer-leurs-droits
- Guidance body
- Commission nationale de l'informatique et des libertés (CNIL)
- Open questions
- Can a minor under fifteen alone make an erasure request under Article 51 II of Loi 78-17, given that the CNIL records that in principle the parents exercise a minor's rights?
What record it asks for
Logging duty
Articles 48 and 51 II require information to a minor and erasure on request. They state no duty to create, keep or produce a log or record.
- Kind
- None
- As of
What this law does
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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