The concept of personal data protection originates from the right to privacy, and these two concepts play a fundamental role in protecting and promoting basic values and rights, as well as the right to enjoy other rights and freedoms.

 In France, the GDPR (General Data Protection Regulation) was the continuation of the Informatique et Libertés (Data Processing, Files and Freedoms) Act of 1978. This is a reference text on the protection of personal data in the European Union, which entered into force on May 25, 2018. It replaces the Personal Data Protection Directive, which was adopted in 1995.

The Constitution of 1958 in France itself does not provide for the above-mentioned human rights in its text. That is, the body of constitutional jurisdiction - the Constitutional Council, with its decisions reveals the essence of the right to respect for private life and protection of personal data and their perception, which, by the way, differs from the understanding of these same rights in other countries of the European Union.

In Franch Republic, the right to privacy and the right to the protection of personal data (which derives from the former) may be subject to restrictions, but the court must check whether there is a balance between the general interest and individual rights. Accordingly, the collection or transfer of personal data must be justified by reasons of general interest and be carried out in an adequate and proportionate manner.