CNIL
Encyclopedia
The Commission nationale de l'informatique et des libertés or CNIL (knil) is an independent French
administrative authority whose mission is to ensure that data privacy
law is applied to the collection, storage, and use of personal data. Its existence was established by French loi n° 78-17, concerning computer
s, files
and liberties
(data privacy) and enacted into law on 6 January 1978. Since 2004, the CNIL has been presided over by Alex Türk
, an independent Senator and former member of the Rally for the Republic (RPR).
was an attempt by the French
government to create a centralized database
of personal data. On March 21, 1974, an article in the newspaper Le Monde
, "SAFARI ou la chasse aux Français (SAFARI; or, Hunting Frenchmen) brought public attention to the project. The newly named Interior Minister Jacques Chirac
had to face the public uproar. Nominated following the events of May'68, Chirac succeeded Raymond Marcellin
, who had been forced to resign in the end of February 1974 after having attempted to place wiretaps in the offices of the Canard enchaîné weekly newspaper. The massive popular rejection of this project promoted the creation of the CNIL.
At the beginning of 1980, when the CNIL began its main activities, news anchorman Patrick Poivre d'Arvor
announced that the CNIL had registered 125,000 files. By the end of 1980, Poivre d'Arvor counted 250,000 files (public and private).
The CNIL's administrative authority status gives it total independence to select the actions that it will undertake. However, its power is limited and defined by law. The CNIL is financed by the budget of the French Republic.
.
The archival of sensitive information can result in a 5 year prison term and a €300,000 fine.
in 1971, Sweden
in 1973, and France in 1978 were the first three States to vote for a "Computers and Liberty" law; these work with an independent control authority.
International, economic, and political structures have been created or assigned to apply CNIL directives. Amongst these are the Organisation pour la coopération et le développement économique (OCDE/EDCO) in 1980, the Council of Europe
in 1981 and the United Nations
(ONU) (UNO) in 1990. In 1995, the European Commission
voted through a directive in this manner. As of 2004, 25 countries have applied this directive.
.
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
administrative authority whose mission is to ensure that data privacy
Data privacy
Information privacy, or data privacy is the relationship between collection and dissemination of data, technology, the public expectation of privacy, and the legal and political issues surrounding them....
law is applied to the collection, storage, and use of personal data. Its existence was established by French loi n° 78-17, concerning computer
Computer
A computer is a programmable machine designed to sequentially and automatically carry out a sequence of arithmetic or logical operations. The particular sequence of operations can be changed readily, allowing the computer to solve more than one kind of problem...
s, files
Computer file
A computer file is a block of arbitrary information, or resource for storing information, which is available to a computer program and is usually based on some kind of durable storage. A file is durable in the sense that it remains available for programs to use after the current program has finished...
and liberties
Liberty
Liberty is a moral and political principle, or Right, that identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions...
(data privacy) and enacted into law on 6 January 1978. Since 2004, the CNIL has been presided over by Alex Türk
Alex Türk
Alex Türk is a member of the Senate of France, representing the Nord department. He does not align himself with any political party.-References:*...
, an independent Senator and former member of the Rally for the Republic (RPR).
History
SAFARISAFARI
SAFARI was an attempt by the French government, under the presidency of Georges Pompidou, to create a centralized database of personal data. The database was supposed to interconnect data, in particular through the use of the INSEE code .On March 21, 1974 an article in the newspaper Le Monde...
was an attempt by the French
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
government to create a centralized database
Government database
Government databases collect personal information for various reasons .-Canada:...
of personal data. On March 21, 1974, an article in the newspaper Le Monde
Le Monde
Le Monde is a French daily evening newspaper owned by La Vie-Le Monde Group and edited in Paris. It is one of two French newspapers of record, and has generally been well respected since its first edition under founder Hubert Beuve-Méry on 19 December 1944...
, "SAFARI ou la chasse aux Français (SAFARI; or, Hunting Frenchmen) brought public attention to the project. The newly named Interior Minister Jacques Chirac
Jacques Chirac
Jacques René Chirac is a French politician who served as President of France from 1995 to 2007. He previously served as Prime Minister of France from 1974 to 1976 and from 1986 to 1988 , and as Mayor of Paris from 1977 to 1995.After completing his studies of the DEA's degree at the...
had to face the public uproar. Nominated following the events of May'68, Chirac succeeded Raymond Marcellin
Raymond Marcellin
Raymond Marcellin was a French politician.- Biography :The son of a banker, he studied law at the University of Strasbourg and the University of Paris. He worked as a lawyer for three years, before being called into the army in September 1939. He was captured by the Wehrmacht, but managed to...
, who had been forced to resign in the end of February 1974 after having attempted to place wiretaps in the offices of the Canard enchaîné weekly newspaper. The massive popular rejection of this project promoted the creation of the CNIL.
At the beginning of 1980, when the CNIL began its main activities, news anchorman Patrick Poivre d'Arvor
Patrick Poivre d'Arvor
Patrick Poivre d'Arvor is a French TV journalist and writer. He is a household name in France, and nicknamed PPDA. With over 30 years and in excess of 4,500 editions of television news to his credit, he was one of the longest serving newsreaders in the world until he was fired in 2008...
announced that the CNIL had registered 125,000 files. By the end of 1980, Poivre d'Arvor counted 250,000 files (public and private).
Composition and independence
The CNIL is composed of seventeen members from various government entities, four of whom are members of the parliament (Assemblée nationale and Sénat). Twelve of these members are elected by their representative organisations in the CNIL.The CNIL's administrative authority status gives it total independence to select the actions that it will undertake. However, its power is limited and defined by law. The CNIL is financed by the budget of the French Republic.
| Presidents of the CNIL | Began | Ended |
|---|---|---|
| Pierre Bellet | December 5, 1978 | November 27, 1979 |
| Jacques Thyraud | 1979 | 1983 |
| Jean Rosenwald | 1983 | June 1984 |
| Jacques Fauvet | June 14, 1984 | 1999 |
| Michel Gentot | February 3, 1999 | January 7, 2004 |
| Alex Türk Alex Türk Alex Türk is a member of the Senate of France, representing the Nord department. He does not align himself with any political party.-References:*... |
February 3, 2004 | |
Power
The CNIL registers the setup of information systems that process personal data on French territories. By September 2004, more than 800,000 declarations of such systems had been made. Additionally, CNIL checks the law to be applied in this domain as well as in about 50 annual 'control missions'. CNIL can warn organisations or people who are found to be noncompliant with the law, and also report them to the ParquetParquet (legal)
The parquet is the office of the prosecution, in some countries, responsible for presenting legal cases at criminal trials against individuals or parties suspected of breaking the law....
.
- 300 nominal information systems registered daily.
- 8000 phone calls handled each month.
- 4000 plaintes or requests for information received each year.
Regulation
The main principles for regulation of personal data processing are as follows (list not all-inclusive):- all illegal means of data collection are forbidden;
- the aim of the data files must be explicitly stated;
- people registered in files must be informed of their rights, for example, for rectification and deletion of data on demand;
- finally, no decision about an individual can be decided by a computer.
The archival of sensitive information can result in a 5 year prison term and a €300,000 fine.
European and International Contexts
GermanyGermany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
in 1971, Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
in 1973, and France in 1978 were the first three States to vote for a "Computers and Liberty" law; these work with an independent control authority.
International, economic, and political structures have been created or assigned to apply CNIL directives. Amongst these are the Organisation pour la coopération et le développement économique (OCDE/EDCO) in 1980, the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
in 1981 and the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
(ONU) (UNO) in 1990. In 1995, the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
voted through a directive in this manner. As of 2004, 25 countries have applied this directive.
Criticisms
The CNIL is the target of various criticisms, alleging its lack of seriousness and tendency to support governmental legislation, forgetting its original aims of protecting data privacy and citizens' rights. It was recently criticized, for instance, for having authorized "ethnic statistics", forbidden in official demographic statisticsDemographics of France
This article is about the demographic features of the population of France, including population density, ethnicity, education level, health of the populace, economic status, religious affiliations and other aspects....
.