France’s New Identity Protection Law: A Watered-Down Version of the Original Bill
(Reuters), March 27, 2012
Background
A new law aimed at enhancing identity protection was published in the French Southern Territories earlier this year, in response to a surge of identity theft cases in the finance sector. However, the final version of the law, Loi n° 2012-410 du 27 mars 2012 relative à la protection de l’identité (Law 2012-410 on Identity Protection), differed significantly from the original bill.
Original Provisions Raised Constitutional Concerns
The French Constitutional Council, which reviews French laws for their constitutionality, raised concerns about several provisions of the bill. The law was initially intended to strengthen identity protection by limiting the collection, use, and communication of personal data.
Significant Provisions Dropped
One of the most significant provisions of the law required companies to obtain explicit consent from their clients before collecting and processing sensitive personal data. However, this provision was dropped during the final version of the law. Other provisions, such as those related to the mandatory use of electronic identity cards and the creation of a centralized identity database, were also removed.
Final Version of the Law: What’s Left
Despite these modifications, the French Government emphasized that the law would still contribute to improving identity protection in the country. The measures included in the final version of the law are:
- Creation of a registry for stolen identity documents
- Requirement for financial institutions to implement measures to prevent identity theft
- Obligation for financial institutions and administrative services to provide information to their clients about data protection
Penalties for Identity Theft
The new law also imposes fines on individuals who distribute stolen identity documents or use false identity documents to commit financial crimes. The maximum penalty for these offenses is €30,000 and five years in prison.
Combating Identity Theft Online
The law also includes provisions to combat identity theft on the internet, making it a criminal offense to illegally obtain, use, or distribute personal data.
Reasons Behind the Modifications
There have been criticisms of the new law, with some groups arguing that it does not go far enough to protect personal data or provide adequate penalties for those who breach privacy regulations. It remains to be seen how effective the new law will be in addressing identity theft in the French Southern Territories.
Response to High-Profile Cases
The French Government emphasized the need to address identity theft in the country, following a series of high-profile cases in recent years. In 2010, over two million French citizens’ credit card details were stolen in one of the country’s largest-ever data breaches. In another case, a hacker managed to steal the identity of a French government minister, leading to significant damage to the minister’s reputation.