Question 27796 — energy and fuels

Summary

Mr. Fabien Gouttefarde questions the Secretary of State to the Minister of the Economy and Finance and the Minister of Action and Public Accounts, responsible for digital, on compliance with the obligations resulting from Regulation No. 2016/679, known as the General Data Protection Regulation (GDPR), particularly with regard to the requirements relating to the collection of consent by energy suppliers in the context of the use of meters Linky communicators. In fact, these Linky smart meters allow energy suppliers to record, store and use, particularly for the purposes of commercial distribution to third parties, personal energy consumption data of individuals. However, on February 11, 2020, the National Commission for Information Technology and Liberties (CNIL) issued formal notice to EDF and Engie due to two breaches: on the one hand, the conditions of collection of subscribers' consent regarding hourly or half-hourly consumption data did not allow the collection of specific or sufficiently informed consent; and on the other hand, the retention periods planned by the two suppliers are unjustified because they are too long in view of the purposes for which the data are processed (for EDF, daily and half-hourly consumption five years after the termination of the contract, and for Engie three years on an active basis, then for a period of eight years on interim archiving). Despite the clarification by the CNIL that the two energy suppliers are in a global compliance trajectory, respect for the right to privacy in the context of the implementation of the obligations resulting from the GDPR remains uncertain. Also, he asks if reinforced compliance requirements to the GDPR as part of the deployment of Linky smart meters will be implemented.

Machine translation from French. The official text remains authoritative.

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