In France the owner of a website was convicted to pay a penalty of 450 Euro for publishing personal data without first registering with the Data Protection Authority, the CNIL. On 25 February the appeal-court of Lyon confirmed the earlier ruling, even though the judges decided to suspend payment of the penalty.

Remarkably the website-owner, Roger Gonnet, is a former member of Scientology who denounces the organisation as a cult and mentions names and other data about members on his website. One of these members complained. The first court ordered him to pay a penalty of 450 Euro, plus 450 Euro compensation for attorney costs and a symbolical 1 Euro compensation for general damages. The appeal-court rejected the extra compensation, because the plaintiff could not prove the damages.

The ruling confirms that omitting to declare processing of personal data with the DPA is a punishable act (Article 226-16 of the French penal code) and judges must rule accordingly, even though they have the liberty to suspend payment under specific circumstances.

The Church of Scientology is notorious for using copyright-claims to stifle critics. Using privacy-arguments for this same purpose is a new kind of strategy. In France, Scientology is not acknowledged as a religion. According to a parliamentary report, they are a dangerous cult.

French Data Protection legislation (dating from 1978, none of the European Privacy Directives have yet been fully implemented) obliges all owners of websites to register any processing of personal data before they put anything online. The CNIL website offers a very detailed website declaration form.

Website Scientology critic
http://www.antisectes.net/

Analysis of and access to the case (in French, 08.03.2004)
http://www.droit-technologie.org/1_2.asp?actu_id=904

CNIL Website declaration form
http://www.cnil.fr/fileadmin/documents/declarer/teleprocedures/formula...