Sensitive data: CNIL (National Commission for Information Technology and Civil Liberties)) requirements

CNIL (National Commission for Information Technology and Civil Liberties) sensitive data: definition

What is CNIL (National Commission for Information Technology and Civil Liberties) ) sensitive data?

Sensitive data is personal information deemed particularly sensitive.

They can reveal intimate or protected aspects of a person's life. These CNIL (National Commission for Information Technology and Civil Liberties) sensitive data, such as racial or ethnic origin, political opinions, religious beliefs, trade union membership, health or sexual orientation, require enhanced protection under the law.

The CNIL (National Commission for Information Technology and Civil Liberties), as France'sData protection authority , imposes strict requirements to guarantee the security and confidentiality of this sensitive data. It is essential for organizations to comply with these rules to safeguard the privacy of their users and avoid any violation of fundamental rights.

What categories of data are considered sensitive, particularly in the healthcare sector?

The CNIL (National Commission for Information Technology and Civil Liberties) lists several special categories of personal data, known as sensitive data.

This does not mean that the GDPR does not apply to other personal data, but these require special vigilance " CNIL (National Commission for Information Technology and Civil Liberties) sensitive data" .

• Racial or ethnic origin, e.g : Mention of origin on a form.
• Political views, e.g membership of a political party or organization.
• Religious or philosophical convictions, e.g information about religion or spiritual practice.
• Union membership, e.g : Registration of union membership.
• Genetic data, e.g DNA profile for scientific or medical research.
• Biometric data used to uniquely identify a person, e.g fingerprints, facial recognition.
• Health data, e.g : Medical records, information about a disability or illness. Find out more about GDPR compliance for healthcare data.
• Data concerning sex life or sexual orientation, e.g references to sexual orientation in an HR file.
• Data relating to criminal convictions and offenses (in certain specific cases)

Importance of protecting sensitive data, in particular social security numbers

This is the data that can have the greatest impact on an individual's rights and freedoms. It is also the most sought-after data for "illegal" resale, as it is the data that is most easily monetized.

This data can lead to discrimination. For example, health data may not be available to lending institutions. Or the social security number, which could be used to embezzle money or impersonate a person.

Particular care should be taken when communicating sensitive personal data. Above all, avoid communicating information via unsecured channels, such as online clairvoyance.

CNIL (National Commission for Information Technology and Civil Liberties)) regulations

Obligations and security measures for companies processing sensitive data

Sensitive data is first and foremost personal data. As such, companies must comply with the GDPR as they would with any personal data. Consult the 2024 best practices on personal data protection.

The processing of sensitive data requires stricter obligations than for conventional personal data. There are specific measures for such personal data.

Data processing is forbidden by default, unless there are strict exceptionse.g: explicit consent, vital interest, legal obligations). Security measures must be reinforced (encryption, anonymization, strict access control). An impact assessment (PIA) is often mandatory.

Consent must be clear, explicit and documented, with strictly limited and essential purposes, particularly for cookies. Data must be kept as short as possible. In the event of a data breach, notification is almost systematic.

Finally, all processing operations must be rigorously documented in the activity register.

Penalties and sanctions for non-compliance with CNIL (National Commission for Information Technology and Civil Liberties)) requirements

The CNIL (National Commission for Information Technology and Civil Liberties) sanctions more easily when sensitive data is involved GDPR especially, as the rules are stricter. Questions and checks are also more frequent.

Companies can't be satisfied with basic protection for sensitive data.

A comprehensive GDPR compliance approach must be carried out.

Given the impact of non-compliance, data breaches are considered more serious, increasing the risk of reaching the maximum thresholds. Sanctions are frequently made public when sensitive data is involved. The CNIL (National Commission for Information Technology and Civil Liberties) may publish infringement data.

Consent and collection of sensitive data

Conditions for collecting sensitive data, particularly for research purposes

According to Article 9 of the GDPR, the collection of sensitive data is prohibited as a matter of principle, unless one of the following conditions is met:

1. Explicit consent: The individual must have given clear, informed and specific agreement to the treatment.
2. Legal obligation: Processing is required by lawe.g public health obligations).
3. Protection of vital interests: In the event of a medical emergency or if the person is unable to consent.
4. Processing by authorized entities: e.g. healthcare professionals or lawyers bound by professional secrecy.
5. Scientific or statistical research: Subject to reinforced guaranteese.g pseudonymization).
6. Exercising rights: Under labor or social security law.

Importance of the issue of individual consent

Consent is at the heart of sensitive data protection. Unlike conventional personal data, it must be :

• Explicit: A clear action on the part of the individuale.g signature, checkbox not pre-ticked).
• Free: Without constraint or pressure, so that refusal does not penalize the user.
• Specific: Clearly specifying the purposes of processing.
• Revocable at any time: The individual must be able to withdraw consent without justification.

In practice, obtaining explicit consent implies rigorous documentation (proof of agreement) and total transparency regarding data use. This guarantees not only legal compliance, but also user confidence in the organization.

Securing sensitive data

Security measures recommended by the CNIL (National Commission for Information Technology and Civil Liberties) in response to risks

The CNIL (National Commission for Information Technology and Civil Liberties) recommends several best practices for securing sensitive data:

1. Data encryption: Sensitive data must be encrypted when stored or transferred, to make it unreadable in the event of unauthorized access.
2. Pseudonymization: associate sensitive data with identifiers that cannot be directly linked to a physical person, to limit risks in the event of compromise.
3. Access control: Restrict access to sensitive data to authorized users only, thanks to rigorous management of access rights.
4. Logging and auditing: Record actions performed on sensitive data to identify and correct any security breaches.
5. Staff training: Make teams aware of best practices for protecting sensitive data, such as the secure use of digital tools.
6. Regular updates: Apply security patches to systems and software to guard against known vulnerabilities.

Protecting sensitive data against cyber attacks. Ask your question.

Sensitive data is a prime target for cyber attackssuch as ransomware or data theft. To protect them, it is essential to implement robust defenses:

1. Firewall and antivirus: Filter incoming and outgoing connections to block intrusion attempts.
2. Intrusion detection: Use tools such as a control panel to detect suspicious behavior or unauthorized access.
3. Regular, secure backups: create copies of sensitive data on off-line media or in secure environments.
4. Penetration testing: Regularly assess the robustness of security systems in the face of simulated cyber-attack scenarios.
5. Password management: Impose complex passwords and encourage the use of multi-factor authentication (MFA).

The combination of these measures helps to minimize the risks associated with cyberattacks and respond quickly and effectively to any breaches of sensitive data. This ensures GDPR compliance and the preservation of user trust. Need more information? Ask your question directly in the chat.

Storage and transfer of sensitive data

Storage of sensitive data

To ensure the security of sensitive personal data, it may be necessary, particularly in the healthcare sector, to store data on an HDS server (healthcare data host).

Conditions for the transfer of sensitive data outside the European Union

Like conventional personal data, the transfer of data outside the European Union is prohibited. There are, however, agreements with certain countries that have adequate data protection regulations.

As such, we can exchange data with the US, even if there have been many twists and turns.