Dissertations / Theses on the topic 'Droit des données à caractère personnel'
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Le, Clainche Julien. "L' adaptation du droit des données à caractère personnel aux communications électroniques." Montpellier 1, 2008. http://www.theses.fr/2008MON10063.
Full textMarot, Pierre-Yves. "Les données et informations à caractère personnel : essai sur la notion et ses fonctions." Nantes, 2007. http://www.theses.fr/2007NANT4012.
Full textWhereas the primacy of the person is strongly stated by law, the splitting of the, legal sources devoted to the data and information pertaining to the person (personal data. Nominative information, privacy. . . ) is likely to set the dismantling of the person into as many specific legal statuses as there are data and information. The notion of privacy highly participates to this danger because, if its protection means the protection of an important amount of data and information, their nature doesn't indicate what legal status is to be applied in each case. In this context, it is not surprising to see courts allowing the modification of the civil status (names, surnames, sex. . . ) on the paradoxical rationale of the right of privacy, even if it in large parts depends on state decisions. Facing these conceptual contradictions, we note the emergence of a category of personal data and information which as common criterion holds the identification of the person thus allowed. Starting from this functional category, it becomes possible to explore its practical implication and to give an account of it. As it appears, if the use of personal data and information remains exceptional, it becomes massive as soon as public interest are concerned (e. G. Penal system, public health and public information). It is therefore advised to restore in all, its fullness. The principle of protection for personal data and information by strictly appreciating its exemptions and by relying on the necessary safeguard unavailability provides
Alliot, Sandie. "Essai de qualification de la notion de données à caractère personnel." Thesis, Bourgogne Franche-Comté, 2018. http://www.theses.fr/2018UBFCB001.
Full textPersonal data has undergone a major change which justifies a new study of this notion. This particular data is at the heart of the digital economy and thus stirs numerous claims. What is at stake here is to try to work out a balance between different claims such as managing operators' will of appropriation and protecting people concerned by the data, for example. This is why it is essential to find a precise definition and adequate qualifications of personal data to find a balance between the various interests. The thesis will focus on the necessity to adopt a new vision of personal data, to show its current characteristics so as to manage it efficiently
Mornet, Alice. "Les fichiers pénaux de l'Union européenne : Contribution à l'étude de la protection des données à caractère personnel." Electronic Thesis or Diss., Toulouse 1, 2020. http://www.theses.fr/2020TOU10038.
Full textFor more than a century, States have been setting up files to collect information on criminals. By constituting an essential tool in the service of the power to punish, these instruments have long remained deeply attached to State sovereignty. However, the European Union is gradually building and developing its own criminal jurisdiction. In this context, the files occupy a central place and see their nature evolve. Indeed, promoting the collection and sharing of their contents, the Union is also setting up information systems that ensure an unprecedented exchange. In addition, its agencies play a key role in this area and are gradually moving beyond mere transmission channels to analyze information and define real criminal policy objectives. Ambitious, this cooperation must nevertheless remain under control. As such, the right to protection of personal data is becoming more assertive and is not ignored by the European Union. But if files have a value, it is that they contain personal data, which must be protected. However, each Member State and each file set up by the Union seems to follow its own regime. With this diversity in mind, the EU is now trying to harmonize all of these measures in a new directive on the protection of data processed for criminal purposes. Nevertheless, the study of this instrument quickly demonstrates its weaknesses, both in terms of the rules’ harmonization and their level of requirement, whilst data continues to circulate. On analysis, the inadequacies of the directive are due to a misidentification of its subject matter: the criminal records of the European Union. It will therefore be necessary to delimit the field covered by these instruments before proposing a satisfactory framework based more on the rules and principles of their natural domain: criminal procedure. This thesis reveals the strength of the Union's criminal law construction and raising questions about the emergence of a genuine European criminal policy
Lacoste, Jean-Marc. "Pour une pleine et entière reconnaissance du droit à la protection des données à caractère personnel." Toulouse 1, 2008. http://www.theses.fr/2008TOU10029.
Full textThe right to personal data was thez object of not enough study, but it's essential for protect the fundamental rights and freedoms of natural persons, and in particular their right to privacy. This new right has to answer the international challenge
Lanna, Maximilien. "La protection des données à caractère personnel à l’épreuve de l’automesure connectée." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020026.
Full textPersonal data protection law is today at a turning point : its core principles are weakened by self-tracking technologies, thus reducing protection of individuals. In order to determine how new technologies affect the law, this study aims to figure ou the paradigm shift that has been implemented by the new RGPD and its consequences on personal data protection
Favero, Luca. "La dimension externe de la protection des données à caractère personnel dans le droit de l'Union européenne." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA012.
Full textThis doctoral thesis deals with the external dimension of the protection of personal data, thus of the mechanisms by which the law of the European Union ensures an adequate level of protection to the personal data that are transferred to third countries. Under this perspective, the aim of the thesis is to underline the achievements of what amounts to a “legislative foreign policy” of the European Union aimed at the protection of personal data as a fundamental right of the individuals
Rossi, Julien. "Protection des données personnelles et droit à la vie privée : enquête sur la notion controversée de « donnée à caractère personnel »." Thesis, Compiègne, 2020. http://www.theses.fr/2020COMP2549.
Full textInternet and digital information and communication technologies in general are often portrayedas a threat to privacy. This gives rise to many debates, both in the media and among decisionmakers. The Snowden revelations, in 2013, followed by the adoption in 2016 of the General Data Protection Regulation (GDPR), have moved these discussions under the spotlight of the publicsphere.The research presented in this dissertation was born out of three questions: can we define what“privacy” is? Is there any consensus on its definition? And does this consensus change with theevolution of the technical milieu transforming our ways of communicating, and by doing so, theway in which our privacy can be intruded upon? By defining “privacy” as the object which is protected by normative texts – laws, court decisions,techno-political standards of the Internet – protecting the right to privacy, it becomes possible toconduct an empirical study of how it evolved and how it has been a topic of contention. Data protection law emerged in Europe during the 1970’s. Its aim was to protect a “privacy” that was perceived as under threat by the advent of computers. Currently, the GDPR, or somedocuments adopted by standards-settings organisations like the Internet Engineering Task Force(IETF) or the World Wide Web Consortium (W3C), are written with the intention that they protect this privacy through a set of rules and principles referred to as “data protection”, that apply to “personal data”. The legal definitions of this notion produced by political institutions and those crafted instandards-settings bodies are identical. Furthermore, the study of the genealogy of data protection reveals that computer scientists have played a pivotal role in the invention of the principles that “data protection” still relies on, for instance in the GDPR. The analysis of the controversies that took place in the shaping of these rules shows that the notion of “personal data” written down in the normative texts we analysed essentially reflects the beliefs system of a coalition inspired by liberal utilitarian ideals, valuing individual autonomy and granting importance to the respect of one’s consent. This framing of “privacy” has become the paradigm on the field. Other theories, such as those defining “privacy” as a space bound by collectively defined borders protecting it from the public eye, or those advocating the recognition of private property rights on personal data, have been less successful in shaping policy out comes.The advent and spread of networked computers have not directly determined the evolution of theobject that is protected by the right to privacy. It is, rather, the perceptions a group of actors had of computers, that caused such an evolution. Convinced that their liberal conception of privacy issocially valuable, they managed to craft a new legal category during the 1970’s in Europe: the right to the protection of personal data. The GDPR, adopted in 2016, just like Web standards aiming at enhancing the protection of privacy, rely those same principles that were invented during these early debates. Therefore, it can be said that the emergence of computers has indeed, but indirectly, been a triggering factor in the evolution of “privacy” defined as the object protected by the right to privacy
Mattatia, Fabrice. "La protection des données à caractère personnel face aux usages illicites, déloyaux et frauduleux." Thesis, Paris 10, 2010. http://www.theses.fr/2010PA100099.
Full textThe widespread digital services give the user the possibility to access to information, procedures or entertainment, anywhere, at any time. This evolution is accompanied by an increase in the collection of personal data, in order, on the one hand, to offer the user the service most suited to its needs, and on the other hand, to fund the free services by behavioral marketing. This results in an ever-increasing risk of misuse or disclosure of such data, whether made by firms seeking to maximize their profits, or by cybercriminals seeking to exploit these data to commit frauds. The study of case law shows that the protection of the European data protection principles, as transposed in the French Data Protection Act, by the judiciary is relatively inadequate: prejudice is often insufficient to motivate action, offenses are too numerous, and the fraudster can act from abroad. Such a situation requires the use of a specialized regulator as the CNIL (French data protection authority), which has the ability to accumulate expertise and to adapt quickly to changes in its sector. Moreover, the involvement of the different actors in the frame of co-regulation or of self-regulation, is also desirable, to allow for a maximum dissemination of good practices and to prevent protection breaches. Digital services can also deal directly with their users
Tassone, Loredana. "La protection européenne des données à caractère personnel traitées à des fins judiciaires." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA028.
Full textIn our society which can be called "information society" and also society of "electronic surveillance," it is essential to ensure the protection of personal data. The implementation of regulations on data protection has not always been easy, and in some areas, remains complex. The judiciary is a striking example of an area where it has been difficult to establish specificand appropriate rules for the protection of personal data. In the years ninety, the question was raised whether a specific protection for judicial data was necessary. The findings were different: on the one hand, some have estimated that a specificregulation was appropriate, on the other hand, others felt that the idea of establishing such rules must be abandoned. This study seems to have been - at some point - quitted. Given the improvements in technology and the evolution of European legislation, it seems essential to renew this question and try to find out which level of protection is given to judicial data in the current European system of protection of personal data. The importance to renew this question is proven by the case law of the Strasbourg Court. The latter has indeed been referred to cases of human rights violations due to improper processing of data in the judiciary. In addition, plans to reform the system of protection of personal data are currently under discussion at European level. Indeed, the Council of Europe and the European Union are currently working on the modernization of existing texts on the protection of personal data. It is therefore interesting to examine the place reserved for the protection of judicial data in the context of these reforms. The thesis recall the importance of protecting personal data at any time, in any place and in any field of activity, including the judiciary. Its main aim, on the one hand, is to highlight existing problems in the protection of judicial data and, on the other hand, to answer the question of whether a specific regulation in this area must nowadays be developed at European level. In the first part Council of Europe and the European Union’s texts on data protection and theirapplicability to the judicial data were analyzed. Given the fact that the texts currently into force at the Council of Europe and at the European Union, at first glance, have the same content, it has been necessary to analyze them with a comparative approach in order to understand their interoperability and verify their applicability to judicial data. Despite the multitude of texts on data protection present at European level (those of the Council of Europe and of the European Union), a marginal space is reserved to judicial data. The basic principles stated in these texts are in theory applicable to judicial data but in concrete those are not applied. In any case, those texts do not provide effective protection of judicial data. [...]
Nella nostra società, che può essere chiamata “società dell'informazione” o anche società di “sorveglianza elettronica”, è ormai indispensabile garantire la protezione dei dati personali. L'attuazione della normativa in materia di protezione dei dati non è sempre stata cosa facile, e per alcuni settori di attività, essa risulta tutt’ora un’operazione complessa. Il settoregiudiziario ne è un esempio. In effetti, si tratta di un settore in cui è stato difficile elaborare ed attuare regole specifiche ed adeguate per la protezione dei dati personali. Negli anni novanta, ci si è chiesti se fosse necessario provvedere all’adozione di regole specifiche per la protezione dei dati trattati a fini giudiziari. Secondo una prima teoria una regolamentazione specifica risultava opportuna, tuttavia secondo un’altra teoria l'idea di creare una regolamentazione per la protezione dei dati personali trattati in ambito giudiziario doveva essere accantonata. Lo studio di tale questione sembra essere stato - ad un certo punto - abbandonato. Dati i miglioramenti tecnologici intervenuti negli ultimi anni e l'evoluzione della legislazione europea in materia di protezione dei dati, sembra indispensabile porsi nuovamente la questione dell’opportunità di una regolamentazione specifica per il settore giudiziario. Sembra altresì opportuno interrogarsi sull’importanza che attualmente viene attribuita alla protezione dei dati trattati per finalità legali nell’ambito dell’attuale sistema europeo di protezione dei dati personali. Tale necessità sembra essere corroborata dal contenuto della giurisprudenza della Corte di Strasburgo. Quest'ultima è stata, infatti, spesso adita per casi di violazioni dei diritti fondamentali dovuti ad un trattamento illecito dei dati personali per ragioni di giustizia. Inoltre, dei progetti di riforma del sistema di protezione dei dati personali sono attualmente in discussione a livello europeo. Infatti, il Consiglio d'Europa e l'Unione europea stanno attualmente lavorando sulla modernizzazione dei testi esistenti in materia di protezione dei dati personali. E 'quindi altresì interessante esaminare quale importanza è data alla protezione dei dati giudiziari nel contesto di dette riforme. Oltre a ricordare l'importanza della protezione dei dati personali, in qualsiasi momento, in qualsiasi luogo e in qualsiasi settore di attività, tra cui quello giudiziario, l’obiettivo principale delle tesi è, da un lato, di evidenziare i problemi esistenti in materia di protezione dei dati giudiziari e, dall’altro, di valutare l’opportunità dell’esistenza a livello europeo di una normativa specifica per questo settore. Nella prima parte i testi del Consiglio d'Europa e dell'Unione europea in materia di protezione dei dati e la loro applicabilità al settore giudiziario sono analizzati. Tenuto conto del fatto ch i testi attualmente in vigore presso il Consiglio d'Europa e l'Unione europea hanno, di primo acchito, lo stesso contenuto, è stato necessario analizzarli con un’ottica comparatistica al fine di capire come essi si conciliano e di verificare la loro applicabilità ai dati giudiziari
Lacoste-Vaysse, Guillaume. "La protection des données de santé à caractère personnel : pour la reconnaissance des droits du patient." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10047/document.
Full textPersonal data is omnipresent on the internet and their economic importance is growing. For the information society services such as search engines, social networks, or online shopping sites, they have become indispensable. These services appear as essentially free for users, but actually have a particular economic model: the monetization of personal data of users in exchange for free access. The new data processing necessity an original governance by law
Malekian, Hajar. "La libre circulation et la protection des données à caractère personnel sur Internet." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020050.
Full textFree flow of data and personal data protection on the Internet Protection of personal data is an autonomous fundamental right within the European Union (Article 8 of the Charter of Fundamental Rights of European Union). Moreover, free flow of personal data and free movement of information society services in particular online platforms is essential for the development of digital single market in European Union. The balance between free movement of data and personal data protection is subject of the European legal framework. However, the main challenge still remains to strike the right balance between effective personal data protection and free flow of this data and information society services. This balance is not an easy task especially in the age of online platforms, Big Data and processing algorithms like Machine Learning and Deep Learning
Zorn, Caroline. "Données de santé et secret partagé : pour un droit de la personne à la protection de ses données de santé partagées." Thesis, Nancy 2, 2009. http://www.theses.fr/2009NAN20011.
Full textThe medical professional secret is a legal exception to the professional secret; it allows a patient's caregivers to exchange health information that is relevant to that patient's care without being punished for revealing confidential information. That caregivers discuss patient's health information with other medical professional involved in that patient's care is to the benefit of the patient. Nonetheless, there is a fine balance to be struck between a "need to know" professional exchange of information, which is essential to care of the patient, and a broad exchange of information, which may ultimately comprise the confidentiality of the patient's private life. The emergence of an electronic tool, which multiplies the potential possibilities for data exchange, further disrupts this balance. Consequently, the manipulation of this shared health information must be subject to the medical professional secret, the "Informatique et Libertés" legislation, and all of the numerous norms and standards as defined by the French national electronic medical record (DMP), the pharmaceutical medical record (Dossier pharmaceutique), or the reimbursement repository (Historique des remboursements). As the patient's health information is increasingly shared between health care providers - through means such as the DMP or DP - the patient's right and ability to control the access to his/her health information have to become more and more important. A study regarding the importance of obtaining the patient's consent lead to the following proposal: to inscribe in the French Constitution the patient's right to confidentiality regarding health information
Coulibaly, Ibrahim. "La protection des données à caractère personnel dans le domaine de la recherche scientifique." Phd thesis, Université de Grenoble, 2011. http://tel.archives-ouvertes.fr/tel-00798112.
Full textTourne, Elise. "Le phénomène de circulation des données à caractère personnel dans le cloud : étude de droit matériel dans le contexte de l'Union européenne." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3012/document.
Full textThe legal framework applicable to the gathering and processing by cloud service providers of the personal data of their users raises questions for such users. De facto, there does not now exist an organized legal framework allowing for the regulation, at the European Union level and as a whole, of the flow of personal data in the cloud, whether directly or indirectly. It thus seems necessary to question the way law organized itself consequently and analyze the complementary and/or alternative treatments offered by law, which are less structurally organized and are mosaical, but are more pragmatic, realistic and politically sustainable. Historically, the flow of personal data has been dealt almost exclusively via the specific right to the protection of personal data, which derives from the European Union. Such right, often considered in opposition to the right to the free circulation of data, was initially an emanation of the right to privacy before being established as a fundamental right of the European Union. The treatment provided by the right to the protection of personal data, if it targets directly the data within the flow phenomena, only partly covers such phenomena. In addition, despite the entry into force of the Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, its effectiveness is questionable, not offering any harmonized solution within the European Union and being highly dependent on the goodwill and the financial, organizational and human means of the Member States. The complementary and/or alternative treatments to the right to the protection of personal data that exist within the European Union, which may be allocated among technical, contractual and regulatory tools, only approach the data flow phenomena indirectly by providing a framework to its environment. Individually, they only target one very limited aspect of the data flow phenomena, with more or less effectiveness. Furthermore, technical and contractual tools have not the legitimacy attached to the regulatory tools. However, associated one with another, they allow a more global and efficient targeting of the data flow phenomena
Chambardon, Nicolas. "L'identité numérique de la personne humaine : contribution à l'étude du droit fondamental à la protection des données à caractères personnel." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE2072.
Full textFrench law approaches personal data and the person they are related to as separated objects. This special status would be justified by the transformation resulting from the data processing. However, by defining personal data as "information relating to an identified or identifiable natural person, directly or indirectly", the law of 6 January 1978 suggests that they are in fact connected to each other. Therefore, those data are to be understood as identifying elements. Following the interdependence of subjective and objective elements, they are components of identity. They form the person’s digital identity, which is increasingly solicited and gathered. The intuitive assumption of personal data as components of identity is thwarted by French positive law, within which the Data Protection Act marks its autonomy in comparison to Article 9 of the Civil Code – the latter being the matrix of rights related to personality. The same way, protection of personal data is distinguished from protection of privacy in the European Union’s Charter of Fundamental Rights. This increasing autonomy allows the accelerated conversion of personal data into assets. In a multitude of conventions, they are regarded as isolated elements of which processing is allowed. Yet the split between the person and their data could be avoided: protection of the autonomy of the person can ensure a connexion. The European Court of Human Rights considers data protection as part of the right to privacy, hence asserting the existence of a link between personal data and identity of the individual. Moreover, its case law regarding the protection of personal autonomy may constitute an answer to the objectification of individuals. Correlatively, the French Constitutional Court has already taken data protection as a part of personal freedom, the latter being considered in its case law as the embryo of the right to the development of personality and the protection of identity. By taking identity as the starting point of a study examining a right to data protection, it is possible to reveal the stakes of exponential gathering of personal data and ensuing profiling: the autonomy of the individual. Therefore, the latter can be protected by the concept of human person as subject of fundamental rights
Levallois-Barth, Claire. "La protection européenne des données à caractère personnel et de la vie privée dans le contexte des réseaux et services de communications électroniques." Rennes 1, 2003. http://www.theses.fr/2003REN10007.
Full textFor a long time, privacy had to be protected from the threat of the eyes and ears of others eager to intercept and reveal its secrets. Today, informations technologies offer monitoring possibilities which are infinitely more effective. The development of electronic communications has therefore given rise to considerable apprehension because it is susceptible to provide the State, employers and private compagnies with great quantities of information relating to private individuals, thus rendering the natural opacity of an individual's private life transparent and so excluding any possibility of secrecy or freedom in that case. In this context, the European Community wishes to avoid competition distortions within its internal market and to protect the fundamental rights of the individual. That is why Community harmonization has established common principles of personal data protection and privacy. However, the dual aim is proving difficult to attain, both in its formulation and in its implementation. Consequently, news forms of regulation are required. These new and very diverse forms materialize mainly through the intervention of the data protection authorities, the specific regulation of the electronic communications sector, self-regulation, co-regulation and technological regulation. What is also at stake is the place of the European Community on the international scene. In this respect, some specific formulas have been developed in order to reach an "adequate level of protection". This does not exclude the use of more traditional instruments such as the external agreements concluded by the Community with third party contries, or negotiations within the WTO
Brasselet, Renato. "La circulation de la donnée à caractère personnel relative à la santé : disponibilité de l’information et protection des droits de la personne." Thesis, Université de Lorraine, 2018. http://www.theses.fr/2018LORR0333/document.
Full textHealth, m-health and self quantification connect the body and disrupt the traditional model of care. They are moving it from curative and monopoly medicine to preventive medicine and taking a WHO-defined approach to health. By this means, the person is no longer simply placed at the center of the care device he becomes one of the actors including in the intimacy of his privacy.On the other hand, in search of the realization of economy but also of quality, the health system, has mutated, under the effect of the deployment of e-health. As a result, it is now substantially landscaped and can no longer be synthesized into the classic dichotomy between health and social medicine. The vector and resultant of this phenomenon consists in the circulation of health information. From now on, it has become largely digital and essential for the care and functioning of the healthcare system. The care is now conceived around categorical and inter-categorical exchange and sharing, even man-machine or machine-machine and no longer on a medicine based on secrecy. The Man who has become a homo Numericus is not without all rights and privacy. Law and techno-law are part of this scholarly game, the slightest inconsistent reform of which could upset its precarious balance
Renaudin, Klervi. "Le spamming et le droit : analyse critique et prospective de la protection juridique des "spammés"." Phd thesis, Université de Grenoble, 2011. http://tel.archives-ouvertes.fr/tel-00821146.
Full textZwolinska, Monika. "Sécurité et libertés fondamentales des communications électroniques en droit français, européen et international." Thesis, Nice, 2015. http://www.theses.fr/2015NICE0038/document.
Full textThe impact of today’s information and communication technologies is essential forthe exercice of human rights, particularly concerning freedom of expression and privacyprotection. With the massive use of Internet, mobile phones and – more recently – other smart objects and digital services, the tension mounts with respect to establishing the limit between public and private space online. Likewise, the freedom of expression, communication and information are at risk as - under the pretext of fighting cybercrime and cyber terrorism, as well as maintaining public order - public authorities interfere with online contents by controlling, monitoring, restraining or prohibiting it. Especially as both States’ and private companies’ capacities in creating extremely precise databases identifying information on persons’ consumption habits, itineraries, thoughts and opinions gradually increase. Therefore, the need to redefine the way in which the respect of fundamental freedoms is taken into consideration in the context of digital environment becomes urgent
Bardou, Sophie. "Les traitements de données biométriques en entreprise." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10031/document.
Full textBiometry brings together computing techniques that enable the identification of individuals on the basis of their biological, physical appearance and/or behavioral characteristics. Although firstly reserved for the legal system/judiciary domain, biometry tends to be generalized in all spheres of people life. Recently, biometry has also been used in companies who are always receptive to new technologies. Thus, the introduction of identifying devices such as these into a company life has to be the subject of corporate discussions between the managing teams and staff representatives. Indeed, such technologies are often compared to video surveillance, RFID chips, GPS data … and they can lead to the spying of employees if their uses are not well supervised. In the absence of specific laws, the legislator has given the CNIL the abilities to establish the requirements of eligibility of this technology usage within the companies. The "liberty and computing" legislation is then combined with the labor laws in order to apply common principles such as the finality, the proportionality, the loyalty, the transparency of information and employee consents
Goulvestre, Ann-maël. "La RFID et le droit." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1016.
Full textThe acronym RFID stands for Radio Frequency Identification, a wireless technology that provides the ability to automatically identify and locate tags attached to objects, as well as the person who is actually carrying them. The technology relies on storing and retrieving data, through radio waves by using devices called RFID tags. Those tags are already prevalent in our everyday lives to grant building access control for example. And this is only the beginning, as RFID technology is expected to be one of the main brick of the Internet of things. Like any other new technology, RFID needs a suitable legal framework to get benefits to both consumers and businesses. This work is thus intended to bring up RFID from a legal perspective. Indeed, one of the new technology key successes lies on the way the consumers will grasp it. When looking for economic profits, it is then essential to focus on public perception and consumer confidence related to this technology. And this would not come along without security concern which represents actually the main challenge to face, most of all from a technical perspective, but also from a legal one.For this reason, the proposed work aims at exposing the legal framework which could be applied both to its container (the RFID system) and its content (the RFID data). It is worth analysing the way the legal practitioner can deal with this technology and all its related issues. Are there any specifics legislations on this subject? And if so, what are they? A critical assessment is undertaken to appreciate the substance of the relationships existing between RFID and law, and potential improvement that come along
Mohty, Ola. "L'information du consommateur et le commerce électronique." Thesis, Rennes 1, 2017. http://www.theses.fr/2017REN1G009.
Full textWith the current significant expansion in the concept of legal information, consumers may face some major difficulties when deciding to explore the online market. Numerous sources can provide multiple information, and buyers must conform to some chaotic practices that making it difficult to distinguish between relevant and irrelevant content. However, a well informed online consumer must rely on an authentic source with a relevant content. Therefore, it is clear that regulations related to the obligation for providing information to the consumer need to be examined closely. The recent evolution of the online market and the structural imbalance between the professional and the consumer revealed a number of significant discrepancies highlighting the need to revise the bases for consumer’s information obligation. At present, such a new concept of online information is emerging, with an extended “obligation to inform” and a permanent engagement with a reactive consumer
Chemlali, Laroussi. "Protection du consommateur et commerce électronique : droit français, européen et tunisien." Thesis, Paris Est, 2011. http://www.theses.fr/2011PEST0049.
Full textB to C e-commerce is increasingly gaining popularity. The number of its followers has seen a drastic surge throughout the few recent years. Its advantages in terms of speed, convenience and proximity are not any more questionable by consumers. Nevertheless, the characteristic of this medium used to carry out online transactions as well as the specificities of the electronic environment - in particular the immateriality, the interactivity and internationality - influence considerably cyber-consumers confidence. Simultaneously, they increase their vulnerability. Thus, the need for an appropriate legal framework to regulate the rise of B to C e-commerce and protect cyber-consumers. Taking into account these requirement, community, French and Tunisian legislators set up a number of measures to reassure the latter and allow them to engage confidently in online commerce transactions. These measures have two targets: some of them were intended to grant cyber-consumers an intrinsic protection in the process of the online transaction. This protection is set to be an upstream transaction protection at the pre-contractual phase as well as during the contractual period; i.e. at the level of on line transaction finalization and execution. The others aim to guarantee the consumer an extrinsic protection throughout the process of e-commerce transaction. In this respect, two aspects are taken into account, namely: personal data processed during transactions and the aspects of private international law of cyber-consumer protection
Mahabir, Laetitia-Amanda. "L'identité personnelle et les réseaux sociaux." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1015.
Full textThe identity of people in the digital space cannot be defined in one way. Its mode of expression is multiple. In fact, an individual can have several identities in the digital environment. It can also play different social roles according to social contexts that it faces. But what are effects of using identity masks ? The individual's identity within the social networks refers to the self-questioning, and others. The individualistic side and the community side of this identity are the foundation of the building of user's identity. Moreover, it appears that the wealth and the complexity of networks are the result of the confusion made by the law between individual and identity. In fact, the law is based on an essentialist conception of identity, by which each player has its own trajectory. But the individual does not live alone, he lives in a group and it is part of a network of social relations. The identity is made in the interaction of a claimed identity for oneself and assigned by others. Also, develop a personal identity on the fringes of the digital reality is to distinguish the person of the concept of online presence which is eminently declarative and performative.All this leads to reconsider the place of identity in the digital space. To understand the question of the construction of personal identity in social network, different approaches will be detailed. Those approaches are aimed to ensure everyone an identity according his wishes. Also, it will be necessary to adapt the existing measures to the virtual reality, in order to establish a more secure regime of personal identity, in respect of the rights of each user's personnality
Huttner, Liane. "La décision de l'algorithme : étude de droit privé sur les relations entre l'humain et la machine." Electronic Thesis or Diss., Paris 1, 2022. https://ecm.univ-paris1.fr/nuxeo/site/esupversions/1519e5dc-267a-46bf-8e75-4699db7e89fe.
Full textIn France, decision-making algorithms have been regulated for almost 50 years. However, given the constant development of these tools and their ever-broadening use, the effeetivity of this control has come into question. In particular, the law seems to focus on the protection of the person subjected to an automated decision. In doing so, it neglects one of the most important issues at stake : the protection of the authors of the decision themselves. This thesis argues that it is only through a subtle balance between the protection of the authors and the subjects of a given decision that the law might be able to properly regulate decision-making algorithms. Using this approach, the two classic categories of decision-making algorithms namely algorithms serving as the only basis for a decision versus algorithms serving as a simple help for the decision - can be reinterpreted. At the same time, rules regulating the conception and the use of such algorithms can be reinforced. The interdiction of all decision-making algorithms in certain domains can be seen as a proper protection of the human decision. Other mechanisms, such as the right to obtain human intervention, or to contest the decision, arc specifically designed to protect the person subjected to a decision based on an algorithm
Guittet, Leo. "La transparence des données de santé issues des bases médico-administratives : Pour une ouverture des bases de données respectueuse de la vie privée." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3028.
Full textDigitized data is an integral part of our daily lives. Among them, personal health data represent a particularly sensitive group which must be processed and shared with care because they contain information relating to the private lives of individuals. They are therefore subject to special protection as a matter of principle. But at the same time, they are highly coveted because of their potential to improve the entire healthcare system. In France, two major historical databases, SNIIRAM and PMSI, are dedicated to the collection and processing of health data. Although these databases do not contain any personally identifying information, they have long been accessible only under very strict conditions, sometimes difficult to understand, in the name of respect for the privacy of individuals. However, difficult access to these databases represents a proven loss of knowledge, and legal and technical means exist to ensure data security and the right to privacy of individuals. It is for this reason in particular that the procedures for accessing the personal health data contained in these databases have been completely reformed and continue to be reformed. To fully understand the process that led to the recent opening of medico-administrative databases, this study focuses on how access to these data has worked from their creation to the present day. With regard to the types of access that exist, this requires positioning oneself from three angles: that of privileged public actors who benefit from permanent access; that of ordinary public actors and private non-profit actors who can access certain data by complying with a prior authorization regime; and that of private for-profit actors who were first excluded from access to health data before finally being admitted. The evolution of access to this sensitive data is still a headlining topic due to a further reform of the governance of medico-administrative databases and their content. This new project aims to ensure that the protection of the right to privacy is combined with the widest possible access to as much health data as possible
Laroche, Benjamin. "Le big data à l’épreuve du règlement européen général sur la protection des données." Thesis, Toulouse 1, 2020. http://www.theses.fr/2020TOU10041.
Full textCitizens’ daily uses of technologies in a digital society exponentially produce data. In this context, the development of massive data collection appears as inevitable. Such technologies involve the processing of personal data in order to create economic value or to optimize business or decision-making processes. The General Data Protection Regulation (EU) 2016/679 (GDPR) aims to regulate these practices while respecting the imperatives of flexibility and technological neutrality. However, big data is proving to be an unprecedentedly complex legal issue, as its specific characteristics oppose several principles of the General Data Protection Regulation. Widely shared, this observation has gradually imposed an implicit form of status quo that does not allow for the effective resolution of the incompatibility between the reality of big data and the legal framework provided by the GDPR. In order to solve this equation, a distributive approach, based on the components of the big data: its structure, its data and its algorithmic capabilities, will then make it possible to study the qualification of this notion in order to identify an appropriate regime. Overcoming such a problem will, first of all, involve updating the qualification of personal data in order to respond to the increasing complexity of data processing carried out using advanced algorithmic capabilities. In addition, the accountability of the various actors involved, in particular through joint responsibilities for processing, will be associated with the notion of risk in order to bring the necessary updating to the regulation of big data. Finally, the application of a data protection impact analysis methodology will test and then synthesize the indispensable strengthening of the adequacy between legal theory and the practical reality of big data
Koumpli, Christina. "Les données personnelles sensibles : contribution à l'évolution du droit fondamental à la protection des données personnelles : étude comparée : Union Européenne, Allemagne, France, Grèce, Royaume-Uni." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D003.
Full textBefore the GDPR, protection of sensitive personal data consisted of a prior check by an independent authority despite limiting their free movement. This has been replaced by the obligation of the controller to prepare a privacy impact assessment. With this modification, one can assume a risk of pre-legitimization of data processing, putting the controller at an advantage. Is that compatible with the fundamental right to the protectionof personal data ? This thesis questions the content of this right and the validity of the GDPR. It is based on a comparative study from 1970s until present day between four European countries and the European Union, in which sensitive data are chosen as a meanto the analysis due to their particular protection. Research shows that in legal termsthe preventive conception is a part of the history of protection in the European Union. By limiting freedom of processing it gives meaning to protection and its only subject,the individual. Such an interpretation is compatible with National Constitutions despite their variations. However, the preventive conception of data protection is not so easily compatible with article 8 of the European Charter of Fundamental Rights. The thesis puts forward that this article contains the safeguard of a balancing, between EU liberties and individuals’ freedoms, which implicates reduced protection. It is up to the European Court of Justice to identify the essence of this right, an aim to which this thesis could contribute
Delcenserie, Sophie. "Les biens à caractère personnel." Paris 2, 2006. http://www.theses.fr/2006PA020058.
Full textEynard, Jessica. "Essai sur la notion de données à caractère personnel." Toulouse 1, 2011. http://www.theses.fr/2011TOU10046.
Full textAny information relating to a natural person who is or can be identified, directly or indirectly, was at first qualified as nominative information and then, as personal data. This new expression was adopted without any debate or concertation. Both notions share the same definition and the same regime so that they have been considered as synonymous. However, this transition from nominative information to personal data is a sign of a profound change. Indeed, if nominative information was related to information about the person, personal data is related to information - physical and psychological - of the person. Contrary to nominative information, personal data concerns the core of what makes a person a human being, a notion that that person ignores. From this observation, two criteria can be used to differentiate the both notions : the nature of the information concerned and the capacity to have an intellectual and a legal control over the information. Consequently, a new definition of personal data must be proposed. It comprises any information revelaing a biological or psychological part of a natural person who is or can be identified, directly or indirectly, and being beyond its intellectual and legal control. Because of this new definition, the regime protecting personal data must be modified so as to be confined to professional actors with the capacity to analyse and understand the data
Démoulain, Matthieu. "Nouvelles technologies et droit des relations de travail : essai sur une évolution des relations de travail." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020037.
Full textOver the centuries, from Cheops to the Internet and from nanotechnology to teleportation, new technologies have constantly been at the centre of individuals’ lives. Produced by human intelligence, they appear to be a key to innovation, a tool for the dissemination of knowledge and they enable the progress and evolution of mankind. These new technologies obviously drew lawyers’ attention as they have a direct impact on society as a whole, but also more specifically on the relationship between employers and employees. Moreover, they tend to reshape the organisation of corporations and lead to the entanglement of professional and private life. As a matter of fact, labour law is under pressure: recruitment procedures can be altered by new technologies, the conclusion of employment contracts is nowadays electronic and instantaneous, and security and privacy rules have been established (not to mention electronic trade union communications, e-voting or e-meetings for staff representative bodies). In short, the whole framework is changing. Unfortunately, lawmakers are usually overtaken by events as science and law evolve at a very different pace. However, sooner or later, legal boundaries are set. Currently, courts’ main challenge is to try to make technological progress and protection of employees compatible
Mameli, Christine. "Le droit d'auteur dans le droit patrimonial de la famille : proposition pour une pleine prise en compte du caractère personnel du droit d'auteur." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32060.
Full textThe existence of the "droit d’auteur" within the group of family property rights implies the existence of two rights that are in fact polar opposites. The difficulties arising may sometimes be solved by specific rules of literary and artistic law, which are more adapted to the personal nature of “droit d’auteur”, but in many cases the ordinary rules of property law are applied. We can only deplore the fragmented character of a solution in which this personal characteristic is sometimes taken into account, sometimes ignored, depending upon the particular circumstances. To restore coherence to the “droit d’auteur”, we do not propose to eliminate these rules which depart from traditional law, but to expand them in order to produce a complete and coherent system
Rodriguez, Peña Pilar. "Le caractère contractuel de la responsabilité civile médicale : étude comparée droit chilien - francais." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020022.
Full textThe contractual nature of the medical liability had no the same interest in chilean law that french law. However, the increasing privatization of health and the phenomenon of contracting activity for Chilean takes us a deal to make a further study to determinate the contours from the French law. The main problem was that the applicants have escaped the contractual liability and mainly because of the problem of overlapping responsibilities. This problem present in chilean law can be resolved through a thorough study of the medical contract, the conditions of its existence and validity of its main characteristics and different theories have attempted to explain its legal nature and it provide a legal regime that atypical contracts. On the other hand we have to deal with all cases where the initial medical relationship does not source the medical contract, although it has been considered anyway by courts and commentators as having a contractual, and why try to analyze the different theories that have had the purpose of contractualize responsibility for private and public hospitals,, by the fact of their employees, to avoid the responsibility of these centers become effective in accordance with standards of tort
Anahory, Michèle. "Les aspects juridiques du dossier médical personnel." Montpellier 1, 2006. http://www.theses.fr/2006MON10025.
Full textCanselier, Guillaume. "Les données acquises de la science : les connaissances scientifiques et la faute médicale en droit privé." Paris 1, 2006. https://www.bnds.fr/collection/theses-numeriques-de-la-bnds/les-donnees-acquises-de-la-science-9782848741338.html.
Full textSavatier, Emmanuel. "Les données de la responsabilité médicale à la fin du XXeme siècle." Lyon 3, 1998. http://www.theses.fr/1998LYO33023.
Full textMorgenroth, Thomas. "La vie privée en droit du travail." Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20016/document.
Full textBecause of its relativity, the concept of privacy is a difficult notion to define. French legislation defines it in different ways both between public institutions and citizens as well as among individuals. Moreover, the right to privacy presents an ambivalence as it gives an individual both a freedom of choice and a right of control. Therefore, privacy challenges employment laws which cannot deal satisfactorily with it as work relation has the specificity to create a link of subordination between private individuals. Yet, many of these dispositions contribute to protecting privacy. Though, in its civil law conception, there is some difficulty in resorting to privacy when it focuses on the secret of privacy.Paradoxically, the cases related to this subjective law and employees' privacy secret protection are far and few between. This freedom of privacy tends to ensure employees' protection in their privacy. Nevertheless, this freedom also applies in professional life and consequently appears as an essential instrument of the employee's protection in the workplace. Thus, the right for the employee's privacy to be respected inevitably tends to broaden its scope to the protection of freedom of privacy
Etien-Gnoan, N'Da Brigitte. "L'encadrement juridique de la gestion électronique des données médicales." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20022/document.
Full textThe electronic management of medical data is as much in the simple automated processing of personal data in the sharing and exchange of health data . Its legal framework is provided both by the common rules to the automated processing of all personal data and those specific to the processing of medical data . This management , even if it is a source of economy, creates protection issues of privacy which the French government tries to cope by creating one of the best legal framework in the world in this field. However , major projects such as the personal health record still waiting to be made and the right to health is seen ahead and lead by technological advances . The development of e-health disrupts relationships within one dialogue between the caregiver and the patient . The extension of the rights of patients , sharing responsibility , increasing the number of players , the shared medical confidentiality pose new challenges with which we must now count. Another crucial question is posed by the lack of harmonization of legislation increasing the risks in cross-border sharing of medical
Chemmi, Malika. "La marge de manoeuvre de l'expert-comptable dans le plan de restructuration de l’emploi des entreprises : le poids des lois et le choc des données." Thesis, Paris 13, 2014. http://www.theses.fr/2014PA131034.
Full textOur doctorate thesis studies a domain which is dominated at the same time by very binding laws and data difficult to analyze. It is situated in the intersection between the analysis of the existing and the forecast of the future tendencies. Its object is the works council. Regarding project of reorganization of a firm, the elected representatives can be accompanied by a chartered accountant. Yet, what can be the weight of its relationship? Can he really modify or cancel a restructuring plan? The powers which are devolved to him by the law are restricted because he cannot act and alert directly the judicial authorities. At the same time, we supposed that a restructuring plan can be only in agreement with the law and the regulations because the directions would not take the risk of proceeding to “dry” dismissals if they were not in trouble. It is true that in the majority of the cases, the chartered accountant cannot question a restructuring plan. He can generally supply information to the elected representatives allowing them to negotiate a bonus of exit. Nevertheless, through the study of a real case, we were able to demonstrate that further to the report of a chartered accountant, a project of dismissal was questioned and cancelled. It was possible because be held to proceed to a reduction in turnover further to the loss of a customer cannot be held to proceed to a reduction of staff. The staff representatives became key players in the management of the company
Nieto, Adrien. "La vie privée à l'épreuve de la relation de soin." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD024/document.
Full textThe existence of legal mechanisms for the protection of privacy under common law is irrefutable. Those that the patient can claim during the care relationship remain unclear. The specific nature of this relationship, and the physical and moral impairments to privacy that are consumed in it - look, touch, nudity and the exchange of private information - justify a special framework and specific protections, existing but repensable, for accompany the stakes posed by the evolution and the modification of the care relationship. The emergence of new actors in health, with their own aspirations, undoubtedly modifies the objective and consequences of this relationship. Health data, an underestimated component of privacy, in that it n° longer passes only from the patient to the healthcare professional - and vice versa - must be framed, both the economic and political stakes associated with it . The "value" of privacy must be refocused, at a time when consumption, instantaneous exchange of information and “publicy” seem to have taken precedence over it
Oulmakhzoune, Said. "Mise en oeuvre de politiques de protection de données à caractère personnel : ine approche reposant sur la réécriture de requêtes SPARQL." Phd thesis, 2013. http://tel.archives-ouvertes.fr/tel-00833895.
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