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)

Under Article 226-21 of the Criminal Code, the act, by any person holding personal data during their recording, classification, transmission, or any other form of processing, of diverting this information from its intended purpose as defined by the legislative provision, regulatory act, or decision of the National Commission on Information Technology and Civil Liberties authorizing the automated p …

Diversion of intended purpose of personal data

Under Article 226-21 of the Criminal Code, the act, by any person holding personal data during their recording, classification, transmission, or any other form of processing, of diverting this information from its intended purpose as defined by the legislative provision, regulatory act, or decision of the National Commission on Information Technology and Civil Liberties authorizing the automated processing, or by the prior declarations for the implementation of this processing, is punishable by five years of imprisonment and a fine of 300,000 EUR.

In addition to the clearly specified processing, Article 226-21 targets “any other form of processing.” The system for processing detected offenses, which aims to exploit information contained in procedures established by police services within the framework of their judicial police mission for criminal research and statistics, therefore falls within the scope of this text. Thus, the offense of diversion of the intended purpose of personal data processing is constituted by exploiting them for personal purposes or communicating them to a third party .

When making the prior declaration to the CNIL, the undertaking specifies the purpose of the personal data processing. The diversion of this intended purpose constitutes an offense under Article 226-21. This is the case with a surveillance system whose actual purpose was the monitoring of employees, while the purpose provided to the CNIL was the security of property and individuals .

Cass. crim., 5 February 2013, LawLex202200003590JBJ.

CNIL, 28 December 2021, LawLex202200002500JBJ.

White Collar Crime (en cours)

50. Diversion of intended purpose of personal data

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50. Diversion of intended purpose of personal data

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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