In the framework of an appeal brought against a decision of sanction issued by the CNIL, the French Court « Conseil d’Etat »  considered that before any on site investigation, the CNIL must inform the data controller of its right to object to the investigation. In the event of an objection, the investigation will take place at a later stage under the control of a judge of the judiciary system. The CNIL’s failure to provide this notice led to the cancellation of the sanction decision taken on the basis of the investigation findings.