- Date of decision: 11/05/2023
- Cross-border case or national case: Cross-border case
- Controller: DOCTISSIMO
- Legal references: Article 5 (1)(e)(Principles relating to processing of personal data: storage limitation), Article 9 (Processing of special categories of personal data), Article 26 (Joint controllers), Article 32 (Security of processing)
- Decision: Administrative fine
- Key words: Health records, Sensitive data, Data security,
Data retention, Consent
Summary of the Decision
Origin of the case
Following a complaint by the PRIVACY INTERNATIONAL association, the CNIL carried out four investigations into DOCTISSIMO. The doctissimo.fr website mainly offers articles, tests, quizzes and discussion forums related to health and well-beingt for the general public.
During its investigations, the CNIL noted several infringements, in particular concerning the duration of data retention, the collection of health data via online tests, the security of data as well as the ways cookies were deposited on the terminal of users.
The French SA has identified four breaches of the GDPR and a breach of the French Data Protection Act by DOCTISSIMO:
- A failure to store data for no longer than is necessary for the purposes for which they are processed (Article 5.1(e) GDPR)
Failure to obtain consent from individuals to collect their health data (Article 9 GDPR)
Failure to provide a formal legal framework for the processing operations carried out jointly with another data controller (Article 26 GDPR)
Failure to ensure the security of personal data (Article 32 GDPR)
The French SA imposed two fines on DOCTISSIMO:
- A fine of EUR 280 000 regarding GDPR infringements. This fine was taken in cooperation with all the CNIL’s European counterparts within the one-stop shop procedure, as the website has visitors from all the Member States of the European Union.
- A second fine of EUR 100 000 regarding French Data Protection Act rules on cookies and other trackers.
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