Information - Legal notice
The Agence de la biomédecine is a national government agency, under the supervision of the Minister of Health, created by the French bioethics laws. It is responsible for organ, tissue and cell procurement and transplantation, as well as procreation, embryology and human genetics. The Agence de la Biomédecine, as the body responsible for processing personal data, is aware that the protection of personal data is at the heart of your concerns. This information document on the protection of personal data describes the categories of personal data of individuals that we collect as part of our missions, and the way in which we may use them. It also describes the measures we take to protect personal data, how long we keep it and how people can contact us to find out about our data protection practices and exercise their rights.
Why do we collect this data?
The Agence de la biomédecine is one of the external authorities responsible for collecting and processing whistleblower reports, in accordance with the provisions of Law no. 2022-401 of March 21, 2022 aimed at improving the protection of whistleblowers, and the decree of October 3, 2022. As such, it is empowered to investigate all whistle-blowing cases falling within its areas of competence. This processing is necessary to comply with a legal obligation to which the Agence de la biomédecine is subject (article 6.1.c of the General Data Protection Regulation, law 2022-401 of March 22, 2022 and article L. 1418-1 of the Public Health Code). This processing is also implemented for the performance of a mission of public interest, in accordance with the provisions of e of 1 of Article 6 of Regulation (EU) 2016/679 of April 27, 2016 (known as the General Data Protection Regulation) and for the reasons of public interest mentioned in g of 2 of Article 9 of the same Regulation.
What data is collected for this purpose?
The Agence de la biomédecine has set up a dedicated system for collecting and analyzing reports. The data collected and processed enables the Agence, in its capacity as data controller, to manage reports if you wish to be contacted again or informed of the Agency's follow-up to the report you have made. Any data collected for this purpose (surname, first name, e-mail address) will not be used for any other purpose. If you have communicated this data as part of an alert, it will be kept by the Agence de la biomédecine while the alert is being processed.
Who will have access to this data?
This information is subject to special protection throughout its processing. In addition to the security measures implemented, the Agency constantly ensures that only authorized persons have access to this information (compliance officer, authorized persons in the legal department). How does the Agence de la biomédecine protect personal data? Agence de la biomédecine implements and maintains administrative, technical and physical safeguards to protect the personal data it collects against accidental, unlawful or unauthorized destruction, loss, alteration, disclosure, use or unauthorized access. Agence de la biomédecine takes all necessary precautions, in view of the nature of the data and the risks presented by the processing, to preserve the security of the data and, in particular, to prevent it from being distorted, damaged or accessed by unauthorized third parties. The personal data security mechanisms in place are aligned with the standards defined in the agency's information systems security policy.
What are your rights regarding this data?
In the event of the collection of personal data, any person may obtain communication of information concerning him or her, in accordance with the provisions of European Regulation 2016/679 of April 27, 2016 on the protection of personal data and Law 78/17 of January 6, 1978 known as the amended Data Protection Act. Where personal data is collected, any person may obtain communication of the information concerning him or her, in accordance with the provisions of European Regulation 2016/679 of April 27, 2016 on the protection of personal data and Law 78/17 of January 6, 1978, known as the amended Data Protection Act. You thus have the right to access and rectify your personal data and the right to lodge a complaint with the CNIL. Insofar as the processing of personal data is implemented for the performance of a mission of public interest, and for reasons of public interest, the right to erasure, the right to limitation and the right of opposition provided for by the General Data Protection Regulation do not apply. In order to protect your privacy and your personal data, and to ensure your security, we may take steps to verify your identity before allowing you to access your personal data. These rights may be exercised at any time by sending a request to the recipient center in which you are being cared for and which has indicated the transplant and/or to the Data Protection Officer (DPO) of the Agence de la biomédecine (Délégué à la protection des données, Direction juridique de l'Agence de la biomédecine / 1 avenue du Stade de France, 93212 SAINT DENIS LA PLAINE Cedex or dpo@biomedecine.fr), providing proof of your identity (e.g. identity document with signature). If you do not receive a reply within one month, you may refer the matter to the CNIL. The Agence de la biomédecine will be happy to provide you with any further information you may require.