COMPUTER PROCESSING INFRINGEMENTS
LexInter | November 4, 2018 | 0 Comments

COMPUTER PROCESSING INFRINGEMENTS

Section 5: Human rights violations resulting from files or computer processing

Article 226-16

 

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The fact, including through negligence, of carrying out or having carried out the processing of personal data without having complied with the formalities prior to their implementation provided for by law is punishable by five years’ imprisonment and 300,000 Euros fine.

 

The same penalties shall apply to the fact, including negligence, of carrying out or having carried out a treatment which has been the subject of one of the measures provided for in 2 ° of I of article 45 of law no. 78-17 of January 6, 1978 relating to data processing, files and freedoms.

 

Article 226-16-1-A

When the processing of personal data has been carried out or has been carried out under the conditions provided for by I or II of article 24 of the aforementioned law n ° 78-17 of 6 January 1978, the fact of not Failure to respect, including through negligence, the simplified or exemption standards established for this purpose by the National Commission for Informatics and Freedoms is punished by five years’ imprisonment and a fine of 300,000 Euros.

 

 

Article 226-16-1

The fact, except in cases where the processing has been authorized under the conditions provided for by the aforementioned law n ° 78-17 of 6 January 1978, of carrying out or having carried out the processing of personal data including among the data on which it is bears the registration number of persons in the national identification directory of natural persons, is punished by five years’ imprisonment and a fine of 300,000 Euros.

 

Article 226-17

The fact of carrying out or having carried out a processing of personal data without implementing the measures prescribed in article 34 of the aforementioned law n ° 78-17 of January 6, 1978 is punished by five years of imprisonment and of 300,000 Euros fine.

Article 226-18

 

Collecting personal data by fraudulent, unfair or unlawful means is punishable by five years’ imprisonment and a fine of 300,000 Euros.

Article 226-18-1

The processing of personal data concerning a natural person despite the opposition of this person, when this processing is for prospecting purposes, in particular commercial, or when this opposition is based on legitimate reasons, is punishable. five years’ imprisonment and a fine of 300,000 Euros.

 

 

 

Article 226-19

The fact, except in the cases provided for by law, of placing or keeping in computer memory, without the express consent of the interested party, personal data which, directly or indirectly, reveal racial or ethnic origins, opinions political, philosophical or religious, or union memberships of people, or which relate to the health or sexual orientation of these, is punished by five years of imprisonment and a fine of 300,000 Euros.

 

The same penalties shall apply to the fact, except in the cases provided for by law, of placing or keeping in computer memory personal data concerning offenses, convictions or security measures.

 

Article 226-19-1

In the event of processing of personal data for the purpose of research in the field of health, the following is punishable by five years’ imprisonment and a fine of 300,000 Euros for processing:

 

1 ° Without having previously individually informed the persons on whose behalf personal data are collected or transmitted of their right of access, rectification and opposition, of the nature of the data transmitted and of the recipients thereof;

 

2 ° Despite the opposition of the person concerned or, when provided for by law, in the absence of the informed and express consent of the person, or in the case of a deceased person, despite the refusal expressed by it during his lifetime.

 

 

 

Article 226-20

 

The fact of keeping personal data beyond the period provided for by law or regulation, by request for authorization or opinion, or by the prior declaration sent to the National Commission for Informatics and freedoms, is punished by five years’ imprisonment and a fine of 300,000 Euros, unless this conservation is carried out for historical, statistical or scientific purposes under the conditions provided for by law.

 

The same penalties shall apply to the fact, except in the cases provided for by law, of processing for purposes other than historical, statistical or scientific personal data kept beyond the period mentioned in the first paragraph.

 

 

Article 226-21

 

The fact, by any person holding personal data during their recording, classification, transmission or any other form of processing, of diverting this information from its purpose as defined by the legislative provision, the regulatory act or the decision of the National Commission for Informatics and Freedoms authorizing automated processing, or by declarations prior to the implementation of this processing, is punishable by five years’ imprisonment and 300,000 Euros fine.

 

 

 

Article 226-22

The fact, by any person who has collected, during their registration, classification, transmission or other form of processing, personal data the disclosure of which would have the effect of undermining the consideration of the interested party or the privacy of his private life, to bring, without the authorization of the interested party, these data to the knowledge of a third party who does not have the capacity to receive them is punished by five years of imprisonment and a fine of 300,000 Euros.

 

The disclosure provided for in the preceding paragraph is punished by three years’ imprisonment and a fine of 100,000 Euros when it has been committed through recklessness or negligence.

 

In the cases provided for in the two preceding paragraphs, the prosecution can only be exercised on the complaint of the victim, his legal representative or his successors in title.

 

Article 226-22-1

 

The fact, except in the cases provided for by law, of carrying out or having carried out a transfer of personal data subject to or intended to be processed to a State which does not belong to the Community European Union in violation of the measures taken by the Commission of the European Communities or by the National Commission for Informatics and Freedoms mentioned in article 70 of the aforementioned law n ° 78-17 of 6 January 1978 is punished by five years of imprisonment and a fine of 300,000 Euros.

 

 

Article 226-22-2

 

In the cases provided for in Articles 226-16 to 226-22-1, the erasure of all or part of the personal data subject to the processing which gave rise to the infringement may be ordered. Members and agents of the National Commission for Informatics and Freedoms are empowered to note the erasure of this data.

 

Article 226-23

The provisions of article 226-19 are applicable to non-automated processing of personal data, the implementation of which is not limited to the exercise of exclusively personal activities.

 

 

Article 226-24

 

Legal persons may be declared criminally responsible, under the conditions provided for in article 121-2, for the offenses defined in this section.

 

The penalties incurred by legal persons are:

 

1 ° The fine, in accordance with the terms provided for in article 131-38;

 

2 ° The penalties mentioned in 2 °, 3 °, 4 °, 5 °, 7 °, 8 ° and 9 ° of article 131-39.

 

The prohibition mentioned in 2 ° of article 131-39 relates to the activity in the exercise of which or on the occasion of the exercise of which the offense was committed.

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