The French draft law for the transposition of the new European rules on the protection of personal data aims at parental authorization for minors under 16 years of age enrolling on a social network.
As of 25 May 2018, the General Data Protection Regulation will enter into force and will harmonize measures between all the countries of the European Union. It will apply as soon as a European resident is involved in data processing.
The measures concern, for example, the information and the consent of the user for the use of his data, the portability of personal data, the opposition to profiling, the right to the deletion of personal data, the obligation to notify the authorities and customers in the event of a data breach, or collective redress for the protection of personal data.
Specific provisions concern minors under 16 years of age with information on data processing that must be written in a suitable and clear manner. In addition, it is a question of obtaining the consent of the parents.
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In this case, Member States have the option of lowering the age at which the parental consent is required to 13 years old. In the context of a draft law for the adaptation of French legislation to European law, the French government has not made this choice.
"The registration on Facebook will require parental permission for minors under 16," said Nicole Belloubet, the French Minister of Justice. This parental authorization for children under 16 will concern more generally social networks and "the services of the information society."
In practice, this provision will probably be much harder to apply with some false and lies that are already legion on social networks. The bill will have to be debated in Parliament.
#MesDonnéesPerso Protection des données personnelles : ce qui va changer pour les citoyens ⤵️ pic.twitter.com/50iZjoBrFQ— Ministère Justice (@justice_gouv) 13 décembre 2017
With the new legislation, the National Commission for Informatics and Freedoms will see its powers strengthened, including the level of penalties incurred by companies that will be much heavier. "Up to 20 million euros or 4% of consolidated global annual revenue." La Cnil publishes its opinion on the draft law.
In a statement, the CNIL wrote that the bill "fully plays the game of the Regulation and harmonization sought by it." She regrets against the lack of "additional guarantees when using algorithmic processing leading to the adoption of administrative decisions ", and rightly emphasizes a late schedule for this French bill.
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