CNIL, control and sanction of new

January 10, 2012

Decree No. 2011-2023 of 29 December 2011 concerning the powers of control and sanction of the National Commission for Data Protection Authority, resulting from Act No. 2011-334 of 29 March 2011 on the Rights Defender, amended Decree No. 2005-1309 of 20 October 2005 implementing the Data Protection Act & Freedom of 6 January 1978.

In terms of on-site inspection of the CNIL, the terms are specified:

- Prior information of the controller;

- Obtaining by the CNIL in order for the on-site inspection by the judge of freedoms and detention;

- Opposition to the control.

In terms of administrative sanctions by the CNIL, are specified:

- The role of training swaging;

- The terms of Disclosure and publication of sanctions;

- Procedural delays and applicable emergency procedures;

- Conduct practice sessions.

Rault Raphael, a lawyer and Martine RICOUART-MALLET, Partner

Category: Technical Update-News Global-Data Protection