Green light for PC INpact

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sniper3d
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Green light for PC INpact

Post by sniper3d »

Automatically translated from French.

The Commission for Access to Administrative Documents (CADA) has just granted us a fully favorable opinion on the communication of an opinion on Hadopi that the president of the CNIL wanted to keep secret. An opinion that concerns the processing of personal data within Hadopi during the criminal phase. Good news: CADA believes that the document can be communicated to us... in its entirety.

Reminder of the facts:

February 1, 2011: we learn that on January 20, 2011, the CNIL issued an opinion on a Hadopi decree draft organizing the automation of the criminal aspect of the graduated response. This is the assembly line processing, the industrialization of punishment using a computer tool that is at issue. An important, sensitive piece that manipulates listings of personal data whose timeliness this week still shows the danger in terms of breaches. PC Impact contacts the CNIL to obtain a copy of the document.
February 15, 2011: the CNIL opposes us with a pure and simple refusal on the grounds - correct - that it is an opinion given on a preparatory text. Indeed, the decree has not yet been published in the Journal Officiel.
March 13, 2011: the decree is published in the Official Journal. The text is therefore no longer preparatory but definitive.
March 14, 2011: we contact the CNIL again (and several times again in the following days) to obtain the precious opinion. In vain.
April 6, 2011: the CNIL indicates to us that it is ready to give the document. A principle go-ahead.
April 6, 2011, end of day: red light. Alex Türk, president of the CNIL, personally intervenes to block this transmission, without reason.
April 7, 2011: The CNIL invites us to contact the CADA directly to obtain a copy of its opinion. We ask the CNIL to send us a written refusal.
April 8, 2011: Cnil sends us this refusal. Alex Türk, president of the CNIL writes to us in a letter that "the CNIL can be consulted on any draft law or decree relating to the protection of persons against automated processing under article 11, paragraph 4, section a of the law of January 6, 1978 (...). This article provides that "the opinion of the Commission on any draft law is made public". However, it does not provide for this possibility for opinions relating to draft decrees ".

The 1978 law would thus prohibit the CNIL from transmitting an opinion on a draft decree, but not on a draft law.

A curious explanation since the CNIL has in fact several times disseminated opinions on draft decrees, without flinching. An example? Just on March 3, it had decided to "publish its opinion on the decree concerning the conservation of information by hosts and Internet Service Providers (ISPs)" without anyone asking it. The CNIL thus considers itself free to disseminate its opinions one day, and another day, imprisoned by a provision of which it has the key.

CADA's outright green light

We went to CADA today. It provided us with a fully favorable opinion, which will allow us to turn to the CNIL again.

Alex Türk's very particular marking

It will be noted in the third paragraph of this opinion (our photo), that Alex Türk "particularly pointed out" to the attention of CADA sensitive elements, "which are not directly related to the draft decree".

Between the lines, we understand that the president of the CNIL fears that the transmission of these elements could disrupt procedures against the "criminal aspect" decree. Yet these procedures could be launched to promote respect for personal data, rather than to threaten them...

CADA responds to Alex Türk that this "does not appear to be the case in this instance". It emphasizes that "the only circumstance that these elements do not directly relate to points of the draft decree examined is not of a nature to exclude them from the right of access" that we claim. Consequently, CADA issues a favorable opinion on the communication of the CNIL's opinion "in its entirety".

And now?

Next step? "The opinions of CADA are, for the most part, followed by the administration, they are only simple opinions: the administration is not obliged to follow them and CADA has no means of coercive action against it" the Commission explains on its website. In plain language, the president of the CNIL can persist in his refusal. After a period of two months, in case of new refusal, we will then be able to lodge an appeal for excess of power before the Council of State. Which we will obviously consider.

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Oops
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Re: Green light for PC INpact

Post by Oops »

Automatically translated from French.

woooah... :evil:

Thanks for the info :bravo:

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