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3. An apparent conflict of legitimacy
The conflict of legitimacy arises when the right to trace can affect individual liberties. In the field of traceability, the greatest risk is undoubtedly that of non-compliance with the Data Protection Act.
It is often thought that this conflict is real, but it should be remembered from the outset that in some cases, provisions relating to traceability themselves include provisions relating to the protection of personal data or individual freedoms.
3.1 Conflict of anticipated legitimacy
In many cases, the legal or regulatory framework for traceability includes provisions concerning compliance with the 1978 Data Protection Act.
The same is true of traces in the world of electronic communications and the Internet....
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An apparent conflict of legitimacy
Legal trace management
Bibliography
Standards and norms
- AFNOR, Quality management systems – Basic principles and vocabulary. - ISO 9000 - 2015
Regulations
French Consumer Code – including articles L 412-1 and R 214-20.
Code de l'environnement – notably article L 523-1.
Code du travail – notably article L 4622-2.
Code de la propriété intellectuelle – notably article L 623-24-4.
French Penal Code – including articles 226-17, 226-21, 226-22, 323-1, 323-2, 323-3.
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