EDF and Engie are breaking new ground when it comes to obtaining informed consent and storing consumption data for subscribers with a Linky meter. After a formal notice from the Cnil, they will have to comply.
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Linky communicating electric meters, deployed by Engie for several years, have been the target of numerous complaints, some being much more admissible than others. This is the case of those who criticize EDF and Engie for the way in which subscriber consumption reports are collected, which, very fine, can be interpreted in the form of information relating to private life (absences, number of people living in the home, etc.).
Commercially exploitable data, while the collection of users’ consent generally does not comply with legal provisions, in particular vis-à-vis the European Data Protection Regulation (GDPR).
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It is therefore not surprising to learn that the National Commission for Data Protection (Cnil) has put EDF and Engie on notice. These two companies have three months to comply and review the way subscribers equipped with a Linky meter give their consent and are informed of the data collected by this equipment.
A form to review, data to be deleted faster
As it stands, forms intended for subscribers are illegal since consent is collected in a single check box, and not in as many boxes as the collection of data serves as objectives. Also, the turn of the sentences of this form can mislead the subscriber according to the CNIL, which considers that its consent will not be sufficiently informed.
Another problem noted by Cnil agents: EDF and Engie store the consumption data collected for too long with regard to the objective pursued. Again, they are asked to review the rules for storing this information to comply with applicable law.
EDF’s initial reaction was rather positive. The company says “Take note of the formal notice of the Cnil” and commits to “Implement the necessary corrections”, according to France Info. Ditto for Engie, who adds that he has changed his services since 2019: half-hour consumption data is no longer on the agenda.
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