In order to support public and private organizations which support these groups, the CNIL had adopted a new standard. It updates the older frame of reference (AU-47 and 48, RU-005 and 63) that has not any legal value since the entrance in force of the GDPR.
Supervision of the processing into the social and social care sector
Adopted after a public consultation, this reference document is addressed to all the public or private organizations which take care of the reception, accommodation or support of elderly, disabled or in difficulty.
The instrument which is offered to the compliance, this reference system permit to apply the data protection regulations to the processing operation into the social and or social-care sector, like the instruction, the management, the opening and/or the paying of legal or optional social benefit or also social support and social-care adapt to the challenges faced.
After the public consultation and in order to satisfy better the exigencies of the interested organization, it were reached new details in particular on:
- legal basis which can be kept in the social or social-care system;
- data that can be recollected;
- period of storage;
- recipients
- information and rights of data subjects
Some purposes have been combined together.
Processing excluded from the repository
Some processing operations are excluded from the scope of the reference system due to their specificities. This is the case:
- Processes related to the prevention and protection of children. A separate draft standard is currently being prepared and will be the subject of a public consultation before its final adoption. In particular, it is intended to group the old single authorisations relating to:
- social support and follow-up in the context of the prevention and protection of minors and young adults ( UA-49 );
- children at risk and “Information of interest” ( AU-28 ).
- Processes implemented by adult protection legal representatives (MJPM). Pending the production of a specific reference system for this sector, interested organisations can draw inspiration from the old AU-050 for authorised legal representatives for adult protection for management and monitoring purposes. Legal representation, assistance and control of persons placed by the judicial authority (judicial protection, curatorship, protection, legal support measure)