e24702_SN008
Translated from French
7
1. he has not informed, individually and in advance, the persons whose personal data
have been collected or transmitted on their right of access, correction and objection, the
nature and addressees of the data transmitted, and the steps taken to process, preserve and
protect the data;
2. the processing is carried out in spite of an objection by the person concerned or, where
it is provided for by law, without the express informed consent of the person or, in the
case of a deceased person, in spite of a refusal expressed by that person while he was still
alive.
Article 431-27
Anyone who retains personal data beyond the necessary period set out in Article 35 of the
Law on Personal Data, unless they are retained for historical, statistical or scientific
purposes under conditions provided for by law, shall be punished with a prison term of
one (1) to seven (7) years and/or a fine of 500,000 to 10,000,000 francs.
Article 431-28
Apart from cases provided for by law, anyone who, for purposes other than historical,
statistical or scientific reasons, processes personal data that have been retained beyond
the necessary period set out in Article 35 of the Law on Personal Data shall be punished
with the same penalties.
Article 431-29
Anyone who is in possession of personal data in connection with the recording,
classification, transmission or any other form of processing thereof and diverts said data
to a purpose other than that defined by the law, regulation or decision of the Commission
on Personal Data authorizing automated processing or by statements made prior to such
processing shall be punished with a prison term of one (1) to seven (7) years and/or a fine
of 500,000 to 10,000,000 francs.
Article 431-30
Anyone who, in connection with the recording, classification, transmission or any other
form of processing thereof, collects personal data the disclosure of which would damage
the interested party's consideration or privacy and, without the authorization of the
interested party, brings these data to the attention of a third party who is not entitled to
receive them shall be punished with a prison term of one (1) to seven (7) years and/or a
fine of 500,000 to 10,000,000 francs.
Where the disclosure referred to in the previous paragraph of the present Article is carried
out through negligence, the person responsible shall be punished with a prison term of six
(6) months to five (5) years and/or a fine of 300,000 to 5,000,000 francs.
In the cases referred to in the first two paragraphs of the present Article, prosecution may
be initiated only on a complaint by the victim or his legal representative or successors in
title.