L'encadrement juridique du traitement des données personnelles sur les sites de commerce en ligne
In an electronic environment such as Internet, relationships between on-line companies and web users must proceed in a c1imate of trust. This consideration, particularly significant in regard to the processing of personal data, must bring the cyber merchant to respect a number ofprinciples from which trust can emerge. These principles pertain to consent, collection, use, disclosure, safety, accuracy (access and correction rights), and destruction of personal data. They are expressed in general terms in legislative instruments such as the OECD Guidelines on Privacy, the Council of Europe Convention 108, the European Parliament and of the Council Directive 95/46/CE, the Loi Informatique et Libertés, the Loi sur le secteur privé and the Act C-6. However, taking into account the transborder nature of Internet data exchanges, these protections alone are not enough to create a c1imate of trust, their application being limited in space. Consequently, and to take in account CUITent legal protections, it is possible to acknowledge the development of new standards to manage the movements of personal data on commercial web sites. Guarantees like privacy policies, seals or standards like Platform for Privacy Preferences are developed to complement legislative instruments. However, the underlying logic of these guarantees raises questions regarding their effectivity and the control public and private authorities may assert over them.
Internet Protection Personal data Electronic commerce Trust Effectivity