CNIL |
The Commission nationale de l informatique et des libertés or CNIL is an independent France administrative authority whose mission is to ensure that data privacy law is applied to the collection, storage, and use of personal data. Created by law n° 78-17 of 6 january 1978 about computers, files and liberty (data privacy).
=Composition and independence=
The CNIL is composed of seventeen members of differing nationalities, four of whom are members of the parliament ( Assemblée nationale and Sénat ). Twelve of these members are elected by their representative organisations in the CNIL.
The CNIL s administrative authority status gives it total independence to select the actions that it will undertake. However, its power is limited and defined by law. The CNIL is financed by the budget of the French State.
=Power=
The CNIL registers the setup of information systems which process personal data on the French territory. More than 800,000 declarations of such systems have been done as of September 2004. Moreover, the CNIL checks the law to be applied in this domain as do about 50 control missions each year. CNIL can warn organisations or people who are found to be noncompliant with the law. CNIL can denounce them to the Parquet.
=Regulation=
The main principles for regulation of personal data processing are as follows (list not enclusive):
The archival of sensitive information can result in 5-year prison term and a 300 000 fine.
=European and International Contexts=
Sweden in 1973, Germany in 1971, and France in 1978 were the first three States to vote for such a law computers and liberty law. Those laws work with independent control authority.
International, economic, and political structures have been created to apply CNIL directives. Among these are the Organisation pour la coopération et le développement économique (OCDE) (EDCO) in 1980, the Conseil de l Europe in 1981 and the Organisation des Nations Unies (ONU) (UN) in 1990. In 1995, the European Commission voted a directive in this way. As of 2004, 25 countries have applied this directive.
=See also=
=External link=
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