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Nouvelles technologies

Analysis of the importance of the exact spelling of surnames in road transport

A name is only valid in its exact spelling whether it is considered as a human identifier or as a sign of the singularity of a family or as a connection with it. Therefore, the judicial defense of its true formulation is almost constant. Moreover, while the computer reveals and …

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Directive of 11 March 1996 on database protection does not apply to databases that are not protected by copyright law or by the sui generis right of the database producer

« By database is intended: a collection of works, data or other elements, independent, systematically or methodically organised and individually accessible through digital means or others ». If article 1.2 of Directive 96/9/CE of 11 March 1996 on the legal protection of databases offers a general definition of the latter, …

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Tachographs, data privacy and declaration to the national data protection authorities in France

The treatment of data coming from a tachograph installed in road transport vehicles are now subject to a declaration exemption by the NCIL (Exemption No. 19), whenever they have the sole purpose of controlling the use of vehicles in accordance with the regulations, including the social legislation (in compliance with …

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Access to personal data : a new ECJ case

The Court deals in these cases with similar issues from two Dutch courts relating to the protection of personal data. In both cases, the questions concern the interpretation of Directive 95/46/EC (EP and EU Council Dir. 95/46/EC, 24 Oct 1995: OJEC n° L 281, 23 Nov. 1995, p. 31) and …

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The ECHR condemns France for the management of its police file

After having questioned the French system for the conservation of fingerprints (ECHR, 18 Apr 2013, n° 19522/09 MK c France: JCP G 2013, Act 576), the ECHR draws a similar conclusion for STIC files (offence processing system files). The plaintiff was the subject of a complaint following an argument with …

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Police record and respect of privacy in France

An expected condemnation: the STIC system declared contrary to the right to privacy! The European Court of Human Rights condemns, on the grounds of article 8 of the ECHR, the system of a police record (STIC) as it can keep data on a person implicated in criminal proceedings for twenty …

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Scanned discs, working hours and salaries in France

The Court of Appeal of Nîmes has ruled that the scanning of tachograph records, as it is considered by the Court a highly secure operation unless a falsification is performed, prevails when operated by the provider chosen by the employer in case of discording results of the same scanning by …

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How can a drive prove his working hours with tachograph data?

The Supreme Court has ruled that the trial court, used normally in the discretion left to them by Article L. 3171-4 of the Labour Code concerning the evidence of the existence of supplementary hours of work, in deciding that the driver’s request for a payment of these hours, does not …

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