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2780

Question 2780 — digital

openFrance· National Assembly· FR

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10 December 2024

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10 December 2024

Summary

Mr. Jérôme Legavre draws the attention of the Minister of the Interior to the particularly difficult situation faced by residents throughout the country, who find themselves victims of identity theft following the hacking of data stored by various services. A few months ago, France Travail data was targeted and stolen by hackers. It is an institution that brings together the most valuable to millions of people. A little later, it was the turn of a complementary health insurance company, which holds the data of thousands of people. Finally, very recently, the files of a telephone operator, again concerning tens of thousands of customers, were fraudulently stolen. Of course, the occurrences of such break-ins are much more numerous and they have also, too often, involved various public hospitals or local authorities. In short, it is a scourge that threatens and sometimes actually violates the entire population. This, in a situation where no alternative is now offered to the sending and storage of personal data of customers or users of all these services apart from so-called “dematerialized” forms. However, it is clear that the provisions making it possible to protect the population, even allowing injured parties compensation for the serious harm suffered is ineffective. If the vast majority of cases of hacking are destined to fuel unbearable commercial relentlessness (itself likely to cause numerous frauds), it appears that the circulation of personal data often gives rise to identity theft. The implementation of the GDPR, the leaflets “steps to take in the event of theft identity” are, in fact, of no use after identity theft. They seem to place the responsibility for the situation, ultimately, on the shoulders of the victim; at the very least, it remains helpless in a legal and practical no-man's land. Thus victims are faced with fraudulent expenses in the event of theft of their bank details. A very, very long nightmare. So when an unemployed person has patiently and courageously put together a file to create her own company, established contacts and entered into contracts allowing her to practically start her activity only to see the fruit of her work captured by crooks following the leak of the France Travail files: what possibilities are before her? All her savings were devoted to this creation: by what means will she be compensated? The commercial court registry has validated a manifestly fraudulent modification of the statutes of the said company, but “cannot go back”: by what means will this person be restored to their rights? He therefore asks what practical measures the Government intends to take, so that such situations are immediately stopped (the victims themselves and sometimes their bank, have identified and reported them), the irregularities canceled and the damage repaired.

Machine translation from French. The official text remains authoritative.

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