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> personal data

Legal definition

Personal data is defined by French law 78-17 of 6 January, 1978, on digital files and privacy protection (the law is being revised to take into account EU directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data).

Article 4 of the French law 78-17 defines personal data as information that can be used in any way to identify the individuals to which they apply, whether the data is processed by individuals or organisations.

Directive 95/46/EC on the protection of personal data
On 24 October 1995, the European Union adopted a derective on the protection of individuals with regard to the processing of personal data and on the free movement of such data, which was published in the Official Journal of the European Union on 23 NOvember 1995.
This directive is currently being implemented in French law (adopted by the national assembly on 30 January 2002, and by the senate on 1 April 2003).
It modifies certain measures of the 1978 law. The definition of personal data has changed in terms of its formulation, but the substance remains.

The text which was recently accepted by the French senate on the protection of personal data gives the following definition:

Personal data is any data relating to an individual who can be identified, directly or indirectly, through an identification number or through an element or elements that are specific to them. To determine whether a person can be identified, one should take into account the means that could reasonably be used either by those responsible for the data processing, or by a third party.

Examples of personal data:
Photos representing individuals can be considered as personal data, as they allow one to identify individuals, whether directly or indirectly.



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