France

[FR] Position of the National Commission for Data Protection Regarding On-line Directories

IRIS 1998-2:1/2

Laurence Giudicelli

Barrister, Paris Court of Appeal

In a resolution of 8 July 1997, the National Commission for Data Protection (Commission nationale de l'informatique et des libertés - CNIL) set out the guarantees that publishers of on-line directories should provide for subscribers.

The formalities to be fulfilled before setting up the automated processing of nominative information are contained in the provisions of the law of 6 January 1978, relating to data processing, data files and to individual rights. The law also covers processing of data for producing lists of users or subscribers to network and telecommunications services.

Any such processing should not contravene human rights, or infringe on individual identity, privacy or individual or public liberty.

The Commission indicated that the publication of nominative data on an international network such as the Internet carried the risk of captation, adulteration or misuse of the data. It stressed that subscribers should be clearly informed beforehand by the publishers of the Internet directories of the risks inherent in having their personal data available on an open international network and that they should be allowed to refuse to allow the publication of their personal data, without needing to provide any reasons.