Sensitive data in French data protection law

Processing of special categories of personal data

No applicability of the basic processing prohibition of personal data if

  • The processing is carried out for public research purposes and has been authorized by the Commission Nationale de l’Informatique et des Libertès (CNIL) (Art. 8 11°);
  • The data is made anonymous within a short period of time by a procedure previously approved by the CNIL (Art. 8 III).

Processing of personal data relating to criminal convictions and offences

Art. 9 specifies by whom the processing of personal data on criminal convictions and offences may take place pursuant to Art. 10 GDPR. These include:

  • Courts, authorities and legal entities under public law
  • Legal persons governed by private law who cooperate in the public service of justice and belong to categories the list of which has been drawn up by the Conseil d’Etat, following a reasoned and published opinion of the Commission Nationale de L’informatique et des Libertés;
  • Legal assistance in the exercise of their legally conferred tasks;
  • Natural or legal persons for the preparation of legal proceedings;
  • Legal persons referred to Articles L. 321-1 and L-311-1 of the Intellectual Property Code to defend those rights;
  • Re-using public information contained in the judgments referred to in Article L. 10 of the Administrative Courts and in the decisions referred to in Article L. 111-13 of the Judicial Code, provided that the processing does not have as its object or effect the re-identification of the data subjects.

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