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

Author:Mr Daniel McLoon, Mauricio F. Paez, Richard J. Johnson, Jonathon Little, Kevin D. Lyles, Todd S. McClelland, Jeff Rabkin, Lisa M. Ropple, Adam Salter, Michiru Takahashi, Undine von Diemar, Paloma Bru, Olivier Haas, Jörg Hladjk and Anand Varadarajan
Profession:Jones Day

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...

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