ARTICLE
28 September 2017

French Supreme Administrative Court Rules In Favor Of Transfer To Heirs Of Data Subject Status

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On June 7, the Conseil d'Etat overturned a decision of the French Data Protection Authority, which ruled that the personal data pertaining to a car accident victim could not be transferred to the victim's heirs.
France Privacy

On June 7, the Conseil d'Etat (French supreme administrative court) overturned a decision (source document in French) of the French Data Protection Authority (Commission Nationale Informatique et Libertés, or "CNIL"), which ruled that the personal data pertaining to a car accident victim could not be transferred to the victim's heirs. During the legal proceedings to obtain damages as a result of the accident, the heirs were denied access to the victim's personal data from the victim's insurance company, and CNIL subsequently rejected the heirs' complaint. On appeal, the Conseil d'Etat ruled that the right to request damages and access information as a data subject had been properly transferred to the heirs, provided that such access was limited to the information necessary to obtain damages within the frame of the proceedings.

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