The GDPR enables the CNIL to develop frameworks to guide organisations in making their treatment compliant. This public consultation refers to a draft framework on the processing of personal data implemented in the field of reception, housing and social and medical-social support of elderly, disabled and troubled people. 

The updating of this reference system is part of the process of updating the CNIL’s regulatory heritage and concerns care relating to the social and medical-social support and monitoring of the elderly, disabled and those in difficulty. 

This public consultation is mainly addressed to public and private organisations in the social and medical-social sector, whatever their legal form.

What is a repository?

Essential “flexible” regulatory instruments, repositories aim to give organisations greater legal certainty.

Developed in consultation with stakeholders, these standards can in particular update the old frameworks adopted before the entry into force of the GDPR on 25 May 2018, such as Single Authorisations (AU) and Single Regulatory Acts (UK).

A repository meets two main objectives:

• to guide professionals in their compliance efforts;
• to assist in carrying out a Data Protection Impact Assessment (DPIA), if necessary.

What is the purpose of the draft reference system submitted for consultation?

The repository is intended for social and medical-social professionals who implement treatments related to the social and medical-social support and monitoring of elderly, disabled and troubled people.

It includes most of the content of the authorizations and of the single normative acts related to the social and medical-social support and monitoring of the elderly, disabled and in difficulty and in particular the treatments implemented in the framework of:

• social and medical-social support and monitoring of disabled and elderly people (AU-47);
• social and medical-social support and monitoring of people in difficulty (AU-48);
• registration and education of services, monitoring of decisions taken and their implementation within the Departmental Houses for Persons with Disabilities (MDPH) (RU-05);
• management of Personalized Autonomy Allowance (APA) and Social Housing Assistance (ASH) (RU-63).

As these old authorisations and regulatory acts have no legal value since 25 May 2018, the draft standards are intended to cover all the above treatment operations.

What about the children’s sector?

For reasons of readability and taking into account the specificity of the subject matter, treatments related to the prevention and protection of children are not covered in this draft standard document.

A separate draft reference document on this subject is being prepared by the CNIL services.

This project will aim in particular at grouping together the old single authorisations relating to:

• support and social follow-up in the context of prevention and protection of children and young adults (UA-49);
• children at risk and “Information of interest” (AU-28).

A public consultation will also be organised before its final adoption by the CNIL.

The purpose of the repository is to provide social and medical-social professionals with guidance to help them implement their treatments in accordance with the principles of Information Technology and Freedoms.

The repository serves nine different purposes (objectives):

• the provision of services defined in a contract concluded between the organisation and the data subject or his/her legal representative;
• education, management and, where applicable, payment of legal and voluntary social benefits;
• the administrative management of the persons concerned;
• social and medical-social support appropriate to the difficulties encountered and, where applicable, referral of persons to competent structures suitable to receive them;
• the development and monitoring of the personalized support project for people;
• the exchange and sharing of strictly necessary information;
• support and monitoring of people’s access to rights;
• administrative, financial and accounting management of the establishment, service or organisation;
• the development of statistics, internal studies and satisfaction surveys in order to assess the quality of activities and services and the needs to be covered.

 referentiel_secteur_social   SOURCE: AUTORITA’ PER LA PROTEZIONE DEI DATI DELLA FRANCIA – CNIL