The National Commission on Informatics and Freedom (CNIL) recently announced its action plan for 2019. As in previous years, the CNIL action will be based on two axes: escorting professionals in the application of the WFDD and controlling compliance with their obligations. Concerning the last item, Constable of Life deprives French citizens of putting particular emphasis on respect for rights, the treatment of juvenile data and the distribution of responsibilities between the controller and subcontractors.
In 2018, almost 73% of the complaints received by CNIL concerned the violation of the exercise of fundamental law, whether it was the existing rights in the Data Protection Act and the new obligations arising from the RGPD, such as the right to portability. data. In order to prevent this phenomenon, the police officer of the private life of French citizens ensured that he would now be in the case of observing the shortcomings, while in the execution of the verdict in the selection of corrective measures (in conclusion with remarks that remind the organization of their obligations, formal notification, fine). It will act on a case-by-case basis to determine the most appropriate consequences.
In this regard, the regulatory body ensures that in terms of control and repression policies, 2019 marks the end of the transition phase between old legislation and the new one, announced by CNIL at the beginning of 2018. Until then, it does not give up the sanctioning of non-compliance with the news obligations of the WGFD and by focusing its repressive effect on the obligations that fall into the continuity of the law of 6 January 1978, CNIL wanted to allow controllers to understand and gradually assimilate the requirements of WGDP adopted in 2016.
In addition to the particular concern that the current problem of the treatment of juvenile data is considered to be perceived by the vulnerable public, CNIL will also insist on the allocation of responsibilities between controllers and subcontractors, knowing that RGPD imposes new restrictions on subscribers. contractors, whose obligations are directly responsible.
Therefore, professionals and companies targeted by the WFDD are warned: CNIL will now be more rigorous when it will be necessary to check whether new obligations and new rights in the European framework are actually being respected (impact analysis, maintenance of a register of treatments and violations). .
What do you think?
Do you think CNIL's efforts are sufficient in 2019 to effectively protect people's rights?
What are your expectations for 2019 regarding this institution?
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