Individuals

Know your rights

The person subject to the processing has the following rights to:

  • to the information;
  • to access your personal information;
  • to oppose;
  • to amend;
  • to delete.

Right to the information

You are entitled to inspect your personal information. The article 14 of the law specifies that you must be informed that your information is being collected and the purposes of the data processing, that is, how these data will be used.

Thus, you must be informed of:

  • The identity of the data controller, and if applicable, the identity of his representative in Monaco;
  • The purpose of the data processing (that is, the reason why the data were collected);
  • The obligatory or optional nature of the replies;
  • The consequences for them upon failure to reply;
  • The identity of the recipients;
  • Your right to oppose, access, and amend your data;
  • Your right to oppose the use of your information on behalf of a third party, or the disclosure to a third party of your personal data for the purposes of prospection, particularly, commercial prospection, and so on.
This right to your information does not include the following processing:
  • Public security interest;
  • Relating to offences, convictions, or security measures;
  • Relating to the prevention, investigation, observations or the investigation or the prosecution or convictions of criminal offences.

Right to access your personal information

You have the right to know if you are the subject of automated data processing. The articles 13 and 15 of the law entitle you to access your personal information.

After you have identified yourself to the data controller, you can request confirmation that he does indeed have information about you. If need be, you will be told:

  • The categories of data stored;
  • The purposes of the data processing (the reason why the data was collected);
  • The recipients of this information.

You can then request that the data controller gives you a non-coded form of all of the information he has in his possession about you.

To exercise your right of access, you must contact the data controller who will inform you of the procedure to follow. Otherwise, you can consult the public register of processing and refer to the CCIN to help to enforce your rights.

This right remains particular as it concerns processing pertaining to public security, relating to offences, convictions or security measures and/or with regards to the prevention, investigation, observations or the investigation or the prosecution or convictions of criminal offences. This right concerns more specifically certain automated processing of the Department of Public Security.

To allow you to exercise this right, the CCIN will become your sole contact. It is important that you address an authorisation request for your personal data to the President of the Commission (see sample).

All authorisation requests considered unfounded will be taken no further.

Right to oppose

The article 13 of the law entitles you to oppose, for legitimate reasons, that your personal information be included in automated data processing.

This law is not applicable to legal entities of the public law (State, Town, Public establishments, and so on) or to legal entities governed by private law entrusted with a mission of general interest or a concessionaire of public utility who operate a computerised treatment as part of a mission in general interests.

Right to amend

The right to amend is recognised by the articles 13 and 16 of the law. Consequently, you can amend, complete, clarify, or rectify your personal data, as and when they are inaccurate, incomplete, ambiguous, or obsolete. Afterwards, you can obtain from the data controller a copy of the modified data without any fee.

For all amendments of the information contained in the processing of public security interests, relating to offences, convictions or security measures and/or relating to the prevention, investigation, observations or the investigation or the prosecution or convictions of criminal offences executed by a judicial or administrative authority, you must refer to the President of the CCIN of your request for indirect access.

Right to delete

The article 16 of the law authorises you to demand the deletion of all information of which you are the subject if such information is proven to be inaccurate, incomplete, ambiguous, or obsolete. You can also exercise this right when the collect, recording, communication or storage of your data is unauthorised.