Exercise of the right of access
LexInter | January 29, 2019 | 0 Comments

Exercise of the right of access

Chapter V: Exercise of the right of access.

Article 34

Any person proving their identity has the right to question the services or bodies responsible for implementing the automated processing, the list of which is accessible to the public in application of Article 22 above, with a view to knowing whether these processing operations relate to nominative information concerning him and, if necessary, to obtain communication thereof.





Article 35

The holder of the right of access can obtain communication of information concerning him. Communication, in clear language, must be consistent with the content of the recordings.


A copy is delivered to the holder of the right of access who requests it against the collection of a fixed fee varying according to the category of treatment, the amount of which is fixed by decision of the commission and approved by order of the Minister of the Economy and finances.


However, the committee entered into contradictory statements by the person in charge of the file may grant him:


– response times;


– the authorization not to take into account certain clearly abusive requests by their number, their repetitive or systematic nature.

When there is reason to fear the concealment or disappearance of the information mentioned in the first paragraph of this article, and even before the exercise of a judicial remedy, the competent judge may be requested to order all measures likely to avoid this concealment or disappearance.





Article 36

The holder of the right of access may demand that any information concerning him which is inaccurate, incomplete, ambiguous, out of date or whose collection, or use, communication or conservation be rectified, completed, clarified, updated or deleted. is prohibited.


When the interested party so requests, the service or body concerned must issue a copy of the amended registration free of charge.


In the event of a dispute, the burden of proof lies with the service to which the right of access is exercised, except when it is established that the disputed information was communicated by the person concerned or with his agreement.


When the holder of the right of access obtains a modification of the recording, the royalty paid in application of article 35 is refunded.





Article 37

A nominative file must be completed or corrected even ex officio when the body which maintains it becomes aware of the inaccuracy or incomplete nature of any nominative information contained in this file.





Article 38

If information has been transmitted to a third party, its rectification or cancellation must be notified to this third party, unless dispensed with by the commission.





Article 39

With regard to processing relating to State security, defense and public security, the request is addressed to the commission which appoints one of its members belonging or having belonged to the Council of State, to the Court of cassation or to the Court of Auditors to carry out all useful investigations and make the necessary changes. The latter may be assisted by an agent of the commission.


The applicant is notified that the verifications have been carried out.




Article 40
Modified by Law 2002-303 2002-03-04 art. 14 JORF March 5, 2002.

When the exercise of the right of access applies to personal health data, these can be communicated to the data subject, according to his choice, directly or by the intermediary of a doctor whom he designates. to this end, in compliance with the provisions of Article L. 1111-7 of the Public Health Code.


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