CNIL's opinion on Blacklists

In 2003, the CNIL provided its opinion on the circulation on the Internet of pictures and IDs of drivers who did not return their rented vehicles. Such project has already been carried out in other EU member countries and is a perfect illustration of the problem raised by the default or fraud files in respect of public liberties and citizens’ fundamental rights, beyond the mere breach of privacy.

• CNIL’s opinion :

Based on the Act of January 6, 1978, it does not seem possible to allow the public circulation of such warrant notices by private companies, on the ground of the proportionality principle.

• The ban on the implementation of « private criminal records » and on the circulation of « search warrant notices »

Article 30 of the Act of January 6, 1978 reserves, unless otherwise legal provisions, for courts and public agencies acting within their legal authority, as well as, subject to the Commission’s positive opinion, for legal entities providing a public service, the establishment of automated files relating to personal information about offences, convictions or protective measures. Article 226-19 of the Criminal Code punishes any breach of those provisions by five years in prison and an EUR 300 000 fine. Though those provisions do not affect the right of victims of such offences to maintain evidence of the harmful acts, the circulation of such information to third parties, all the more on a network such as the Internet, fall within the scope of that text, which purpose is precisely to prevent the proliferation of «private criminal records».

In addition, notwithstanding prior notice, complete as it may be, the CNIL considers that such an « electronic pillory », is an obvious and unjustified breach of peoples’ rights, which cannot be justified by the mere consent of the data subjects. The « disclosure of personal information harming the reputation or consideration of the individual with third parties that are not qualified to receive them » is an offence that article 226-22 of the Criminal Code punishes by one year in prison and an EUR 15 000 fine.