Connaitre ses droits

The personal data

Written by Administrator Tuesday, 26 July 2011 06:10

1) Definition

A personal data provides information relating to an identified or can be identified, directly or indirectly, by a phone number, number plate, and all information that can be attached to the person as the number of meals charged to the municipal canteen.

2) The protection of personal data

The protection of personal data comes into play when there is collection, recording, storage, modification, retrieval, consultation, communication, transfer, interconnection, blocking or erasure or destruction thereof. Or, more generally, any automatic processing of personal data.

For use by communities, personal data must be used according to specific rules. The information must be "adequate, relevant and not excessive in relation to the purposes for which they are connected," and obey these principles:

• "- The principle of finality: the information can be collected and processed for a specific purpose and must meet the legitimate mission of the community the controller;
• - The principle of proportionality must be processed only the information relevant and necessary for the management of municipal services;
• - The principle of a limited shelf life: it is based on the purpose of the file concerned;
• - The principle of security and privacy: the mayor, as the controller, is liable to a duty of safety. It must ensure that all measures be taken to ensure confidentiality and avoid disclosure;
• - The principle of respect for the rights of people: in gathering the information, citizens should be informed of the purpose of treatment, mandatory or voluntary responses, recipients of the information and the existence of access rights, correction ... "

Data "sensitive" are strictly prohibited any form of treatment, such as racial or ethnic origin, political opinions, philosophical or religious, trade union membership, or information about health or sex life of the person concerned .

Any violation of these rules is liable to community sanctions and legal liability and criminal policy makers and local officials (mayors, presidents ... EPCI) may be initiated.