Introduction

Matrix organization

Mergers by absorption

Risks related to the expansion of the scope of criminal liability of legal entities

Validity conditions

Proof of delegation

Exemption from individual liability of delegator

Attribution of offense to legal entity

Delegations of authority

Criminal risk management within business organizations

Complicity in crimes against humanity

Breaches of secrecy

Personal data breaches

Theft

Extortion

Blackmail

Fraud

Misappropriation

Receiving/concealment of unlawfully obtained property (recel)

Attacks on automated data processing systems

Money laundering

Misappropriation by public official (concussion)

Corruption and influence peddling

Unlawful acquisition of an interest

Favoritism

Forgery and use of forgeries

Violation of Criminal Code

Offenses under the Monetary and Financial Code

Offenses under the Commercial Code

Environmental Code violations

Offenses arising from other codes

Types of offenses

Offenses under the Criminal Code, the Commercial Code, or the Environmental Code, Criminal procedure

White Collar Crime (en cours)

Article R. 625-11 of the Criminal Code guarantees a right of reply to requests made by natural persons who can prove their identity and punishes with a fine under fifth-class offenses the failure of the person responsible for the automated processing of personal data to respond to requests from natural persons who can prove their identity and which concern:
confirmation that personal data concerni …

Breach of the obligation to respect the right of access

Article R. 625-11 of the Criminal Code guarantees a right of reply to requests made by natural persons who can prove their identity and punishes with a fine under fifth-class offenses the failure of the person responsible for the automated processing of personal data to respond to requests from natural persons who can prove their identity and which concern:

confirmation that personal data concerning them is or is not subject to the processing;

information relating to the purposes of the processing, the categories of personal data processed, and the recipients or categories of recipients to whom the data are disclosed;

where applicable, information regarding the planned transfers of personal data to a State not belonging to the European Union;

communication, in an accessible form, of personal data concerning them as well as any available information regarding their origin;

information allowing one to understand and contest the logic underlying automated processing in the event of a decision made on its basis and producing legal effects with respect to the individual concerned.

The same penalty applies to the refusal to provide, at the request of the person concerned, a copy of their personal data, if applicable, against payment of an amount that cannot exceed the cost of reproduction.

Failure to respond to requests aimed at exercising the rights under Article 15 of Regulation No 2016/679 of 27 April 2016 (regarding the right of access of the data subject) or, except in cases provided for in Article 107 (regarding the restrictions that may apply to the rights of the data subject) of Law No 78-17 of 6 January 1978 on Information Technology, Data Files, and Civil Liberties, in Article 104 (which lists the information that the data controller must make available to the data subject) and in Article 105 (regarding the rights of the data subject) of the same law, is punishable by the same penalty.

However, the contraventions are not established if the refusal to respond is authorized by law either to avoid infringing copyright, or because the requests are manifestly abusive, particularly due to their number, repetitive or systematic nature, or because the personal data is stored in a form that clearly excludes any risk of infringing the privacy of the individuals concerned and for a period not exceeding that necessary solely for the purposes of establishing statistics or scientific or historical research.

In matters of contraventions, it is generally sufficient, for the application of criminal law, that the punishable act is materially established . The contravention of enforcement against the exercise of the right of access to personal information is materialized by the communication of information that is not presented in a directly intelligible form. It is an instantaneous offense, committed on the date the information is sent .

The identity of the applicant can be verified by questioning them on the data that must be provided when creating their account, by presenting a copy of an official identity document or any proof containing, for example, a photograph that allows for certain verification of their identity .

Compliance with the right of access requires that a request management procedure be defined and implemented to make their processing effective . Therefore, according to the CNIL, a breach of this obligation occurs when the legal entity responsible for processing fails to communicate to the requester, in an accessible form, personal data concerning them . Similarly, a company cannot refuse to respond favorably to an access request related to an account deleted from a site or for which the member has unsubscribed for more than 15 days, on the grounds that the data is archived .

Cass. crim., 16 November 1976, LawLex202200003600JBJ.

Cass. crim., 6 May 2008, LawLex202200003599JBJ.

CNIL, 24 June 2015, LawLex202200003562JBJ.

CNIL, 24 June 2015, LawLex202200003570JBJ.

White Collar Crime (en cours)

46. Breach of the obligation to respect the right of access

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

46. Breach of the obligation to respect the right of access

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise