Protection of personal data: do you know your rights?

by time news

2023-05-25 06:14:19

In its 2022 activity report published on Tuesday May 23, the National Commission for IT and Freedoms (Cnil) reports 12,193 complaints for failure to protect personal data by private actors – 80% of cases – or public. A number down slightly from 2021, but which attests that the digital rights of users are still often flouted.

“Personal data is any information that directly or indirectly identifies an individualrecalls Xavier Delporte, director of public relations at the Cnil. This can be the first and last name, but also a telephone number, social security number, or the IP address which makes it possible to identify each connected device. »

To protect this data, France and Europe have implemented legislation, including the famous GDPR or general data protection regulation which will celebrate its 5th anniversary on Thursday, May 25. “This obliges professionals to respect the double requirement of transparency and security. In other words, to inform the person about the collection and use that will be made of the data concerning him, continues Xavier Delporte. In return, the latter has the right to demand accountability for the use of its data, and to have it rectified if necessary, or even erased in certain cases. »

The Cnil is the guarantor of the proper application of these rules, which are still too little known to the general public. And you, can you answer these five questions?

1. Can my employer film me at my workstation?

In principle, it’s rather no. But the principle suffers from exceptions, for example if an employee works on a dangerous machine or at a counter where money is handled, in particular at the checkouts of stores.

“We will then direct the cameras in the least intrusive way possible for the employee. And there is no question of installing cameras in break rooms or locker rooms”, says Xavier Delporte. Good practices not always respected: in 2022, the CNIL received 663 complaints for abusive video surveillance in the world of work.

2. Can I have information about me deleted on the Internet?

Yes, but on the condition of asserting a reason, for example outdated data or data that is of no interest to the public. You will then have to send your request to the site editor – a letter template is offered on the CNIL website –, which has one month to respond.

You can also ask for the delisting of the pages concerning you in the search engines. In the absence of response or in the event of a negative response, you can submit a complaint to the Cnil. “Everything will depend on the arguments put forward and the balance that will be assessed, in particular between the protection of privacy and the right of expression and to inform”says Xavier Delporte.

3. Is cold calling legal?

A commercial company does not need your agreement to canvass you by telephone, but this activity is governed by the rules relating to consumer protection which prohibit, for example, calls on Sundays.

If these types of calls irritate you, two tips. The first : “Do not communicate your contact details to merchants or claim that you refuse to allow them to be transmitted to others”, explains Xavier Delporte. The second: register on the bloctel list. It’s free and it avoids any unsolicited canvassing.

4. How do I permanently get rid of “cookies”?

“Cookies” are small files stored on your computer or phone that allow you to be tracked during your online activities. They can be used for the proper functioning of the site visited, to measure its audience, but also to collect data according to your navigation.

The digital giants thus earn a lot of money by selling this information to advertisers who can thus better target and personalize their messages. “Aware of this, everyone is free to accept or refuse them via the banner that appears on the first connection to a website”, says Xavier Delporte. But a “no” to cookies is never final. After six months, the site may ask you to confirm your choice.

5. Are my data on social networks stored and secured in France?

“European law prohibits a social network from transferring data outside the Union if the country in question does not have a compatible law”, emphasizes Xavier Delporte. Monday, May 22, the Irish Cnil thus imposed a record fine of 1.2 billion euros on the company Meta, parent company of Facebook, for illicit processing and storage of data in the United States.

But this type of sanction is rare because the offense is difficult to prove as the practices of the major social networks are opaque. Conclusion : “If you don’t want to see your data go abroad, it’s better to avoid these networks”, emphasizes Xavier Delporte. Easier said than done, as these players have become unavoidable for lack of European competitors.

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