Minors aged 15 years may first “object to the holders of parental authority having
access to data concerning them collected during research, study or evaluation”.
76 In
this case the minor exercises his or her rights of access, rectification, and right to
object alone. Second, the minor may also “object to the holders of parental authority
being informed of the treatment of data if participating in it leads to revealing
information about a preventive action, testing, diagnosis, treatment or operation”.
77
Since the LRN, minors also have a specific right to erasure: data collected from
minors on line and in particular data they may have published on the social networks
when minors may be erased.
78 If the controller fails to comply with the application
within one month, the matter may be referred to the CNIL. The CNIL must deal with
the claim within three weeks. This possibility is set aside, though, whenever the
treatment is necessary for complying with freedom of expression and information,
statutory obligations, public policy grounds or for the purposes of research or the
exercise of legal rights.
When under 15 years of age, consent must be given “jointly by the minor who is
the data subject, and the holder(s) of parental authority with respect to the minor”.
79
The recipients of the information concerning the processing and exercise of rights
deriving from the LIL are disclosed in this case to the holders of parental authority.
They may consult the data concerning the minor and exercise the right to erasure.
The LIL provides that if it is impossible to inform one of the two title holders, it is
possible to proceed regardless in the context of medical research.
80 The second
holder of parental authority may nonetheless subsequently exercise the rights of
access, rectification, and the right to object.
Everyone has the right to object
81 : this right to object can be exercised both ex
ante and ex post.
82 In parallel to it there is a right of erasure.
83 Such modifications
must be possible free-of-charge. Moreover, if the data has been passed on to a third
party, the controller must pass on to that party the changes made. The right to
rectification does not apply to literary, artistic, and journalists data.
84
There are besides specific provisions in the event of death of the rights holder
since the LRN.
85 Anyone may draft instructions concerning the provisions to be
erased after their death.
86 These directives may be recorded with a digital trustee
certified by the CNIL.
87
76 LIL, Article 70.
77 LIL, Article 70.
78 LIL, Article 51 II. Foret (2018), p. 350.
79 LIL, Article 45.
80 LIL, Article 70.
81 LIL, Article 56.
82 Foret (2018), p. 350.
83 LIL, Article. 51 I.
84 CNIL: https://www.cnil.fr/fr/le-droit-de-rectification. (Accessed 21 September 2018).
85 LIL, Article 84 ff.
86 LIL, Article 85.
87 LIL, Article 85-I.
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L. Nicolas-Vullierme
access to data concerning them collected during research, study or evaluation”.
76 In
this case the minor exercises his or her rights of access, rectification, and right to
object alone. Second, the minor may also “object to the holders of parental authority
being informed of the treatment of data if participating in it leads to revealing
information about a preventive action, testing, diagnosis, treatment or operation”.
77
Since the LRN, minors also have a specific right to erasure: data collected from
minors on line and in particular data they may have published on the social networks
when minors may be erased.
78 If the controller fails to comply with the application
within one month, the matter may be referred to the CNIL. The CNIL must deal with
the claim within three weeks. This possibility is set aside, though, whenever the
treatment is necessary for complying with freedom of expression and information,
statutory obligations, public policy grounds or for the purposes of research or the
exercise of legal rights.
When under 15 years of age, consent must be given “jointly by the minor who is
the data subject, and the holder(s) of parental authority with respect to the minor”.
79
The recipients of the information concerning the processing and exercise of rights
deriving from the LIL are disclosed in this case to the holders of parental authority.
They may consult the data concerning the minor and exercise the right to erasure.
The LIL provides that if it is impossible to inform one of the two title holders, it is
possible to proceed regardless in the context of medical research.
80 The second
holder of parental authority may nonetheless subsequently exercise the rights of
access, rectification, and the right to object.
Everyone has the right to object
81 : this right to object can be exercised both ex
ante and ex post.
82 In parallel to it there is a right of erasure.
83 Such modifications
must be possible free-of-charge. Moreover, if the data has been passed on to a third
party, the controller must pass on to that party the changes made. The right to
rectification does not apply to literary, artistic, and journalists data.
84
There are besides specific provisions in the event of death of the rights holder
since the LRN.
85 Anyone may draft instructions concerning the provisions to be
erased after their death.
86 These directives may be recorded with a digital trustee
certified by the CNIL.
87
76 LIL, Article 70.
77 LIL, Article 70.
78 LIL, Article 51 II. Foret (2018), p. 350.
79 LIL, Article 45.
80 LIL, Article 70.
81 LIL, Article 56.
82 Foret (2018), p. 350.
83 LIL, Article. 51 I.
84 CNIL: https://www.cnil.fr/fr/le-droit-de-rectification. (Accessed 21 September 2018).
85 LIL, Article 84 ff.
86 LIL, Article 85.
87 LIL, Article 85-I.
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