Data protection Act

• Loyalty in the collection of data
• Purpose of the files
• Information of individuals
• Reinforced protection of sensitive data
• No decision concerning an individual may be taken based only on a processing

all fraudulent, unfair or illegal collection of data is prohibited

(Article 226-18 of the Criminal Code: 5 years' imprisonment, 300 000 € fine)

• computer processing must be done according to an explicit end purpose;
• it is with regard to this end purpose that one can appreciate the relevant, adequate and non-excessive nature of the data recorded, the categories of persons or organisations who may receive these data, and the duration for which the collected data may be stored

(Articles 226-21 and 226-20 of the Criminal Code: using personal data for purposes other than those that justified their collection, or storing them beyond a date justified by the purpose of the processing is punished, respectively, by 5 years' imprisonment and a 300 000 € fine and 3 years' imprisonment and a 45 000 € fine).

the persons whose personal data are collected must be informed of :

• the compulsory or optional nature of the responses, 
• the consequences of failing to give an answer,
• the categories of persons or organisations who could eventually have knowledge of the data, 
• the place where the right of access and rectification may be exercised

(Article 2 of the decree of 23 December 1981: failing to give information is punished by a fine of 1 500 €).

any information which shows, directly or indirectly, racial origins, political, philosophical or religious opinions, trade union membership, or moral principles of the person can only be collected and recorded with the express (written) agreement of the person concerned.

As an exception, such data may, for reasons of public interest, be collected on the authorisation of a decree by the Council of State issued on the recommendation of the CNIL (this may be the case for certain police files).

Article 226-19 of the Criminal Code sanctions all breach of these provisions by 5 years' imprisonment and a 300 000 € fine.

whose original purpose is to evaluate the « profile » or presumed personality of the person by statistics (Article 2 of the Law).