3 Data Protection in the Electronic Communications Sector
Apart from the European rules and opinions of the G20 group, the provisions on
electronic communications have been integrated into the LIL (see Titel II Chapter
IV). This Act includes general provisions on the processing of personal data and
special provisions on the protection of privacy on line. Some of these have been the
subject of CNIL resolutions or court rulings.
Then there are provisions in the special Acts such as the Act of 9 July 2004 on
electronic communications and audio-visual communication services
115 taken up by
articles L 32 et seq. of the CPCE.
The obligations are incumbent primarily on the controller and processor.
116 The
LIL further covers the recipient, which is the person or entity authorised to receive
the data other than the data subject, the controller, the processors and the persons or
entities tasked with processing the data because of their positions. Currently, French
law requires that the recipient be clearly identified.
117
Under the CPCE, “Data relating to traffic means all data processed with a view to
channelling a communication over an electronic communications network or for its
invoicing”.
118
Under the same code, “Electronic communications means broadcasting, transmitting or receiving signs, signals, writing, images or sounds by electromagnetic
means”
119 and “electronic communications network means any installation or any
set of installations for transporting or disseminating and, as the case may be, other
means of channelling electronic communications, especially means of switching and
routing”.
120
French law generally makes a distinction between two types of communication:
direct and indirect communication.
121 In the first instance, collection is directly from
the person or entity holding the data; and in the second the data collected are
transmitted to a recipient who in turn becomes the controller. This distinction
notwithstanding, for indirect collection French law confines itself to referring to
the rules for direct collection. With the entry into force of the GDPR, the deadlines
for transmitting information is more precise and the nature of the information
amended slightly.
122
The rules on the confidentiality of correspondence in the context of electronic
communications have been specified by the LRN of 7 October 2016 which has
amended article L 32-3 CPCE. This article was supplemented by a decree of
115 Act no 2004-669 of July 9, 2004, JORF 10 July 2004, 12483.
116 LIL, Article 81 ff. Bourgeois (2017), pp. 39 ff.
117 Bourgeois (2017), p. 48.
118 CPCE, Article L 32-18
.
119 CPCE, Article L 32-1
.
120 CPCE, Article L 32-2
.
121 Bourgeois (2017), pp. 139 ff.
122 Bourgeois (2017), pp. 155 ff.
172
L. Nicolas-Vullierme
Apart from the European rules and opinions of the G20 group, the provisions on
electronic communications have been integrated into the LIL (see Titel II Chapter
IV). This Act includes general provisions on the processing of personal data and
special provisions on the protection of privacy on line. Some of these have been the
subject of CNIL resolutions or court rulings.
Then there are provisions in the special Acts such as the Act of 9 July 2004 on
electronic communications and audio-visual communication services
115 taken up by
articles L 32 et seq. of the CPCE.
The obligations are incumbent primarily on the controller and processor.
116 The
LIL further covers the recipient, which is the person or entity authorised to receive
the data other than the data subject, the controller, the processors and the persons or
entities tasked with processing the data because of their positions. Currently, French
law requires that the recipient be clearly identified.
117
Under the CPCE, “Data relating to traffic means all data processed with a view to
channelling a communication over an electronic communications network or for its
invoicing”.
118
Under the same code, “Electronic communications means broadcasting, transmitting or receiving signs, signals, writing, images or sounds by electromagnetic
means”
119 and “electronic communications network means any installation or any
set of installations for transporting or disseminating and, as the case may be, other
means of channelling electronic communications, especially means of switching and
routing”.
120
French law generally makes a distinction between two types of communication:
direct and indirect communication.
121 In the first instance, collection is directly from
the person or entity holding the data; and in the second the data collected are
transmitted to a recipient who in turn becomes the controller. This distinction
notwithstanding, for indirect collection French law confines itself to referring to
the rules for direct collection. With the entry into force of the GDPR, the deadlines
for transmitting information is more precise and the nature of the information
amended slightly.
122
The rules on the confidentiality of correspondence in the context of electronic
communications have been specified by the LRN of 7 October 2016 which has
amended article L 32-3 CPCE. This article was supplemented by a decree of
115 Act no 2004-669 of July 9, 2004, JORF 10 July 2004, 12483.
116 LIL, Article 81 ff. Bourgeois (2017), pp. 39 ff.
117 Bourgeois (2017), p. 48.
118 CPCE, Article L 32-18
.
119 CPCE, Article L 32-1
.
120 CPCE, Article L 32-2
.
121 Bourgeois (2017), pp. 139 ff.
122 Bourgeois (2017), pp. 155 ff.
172
L. Nicolas-Vullierme