The authorised and sworn fraud prevention officers referred to in Article L. 5312-13-1 have a right of communication which enables them to obtain, without being prevented by professional secrecy, the documents and information required to check the sincerity and accuracy of the declarations made and the authenticity of the documents produced with a view to the allocation and payment of benefits, assistance and any other benefits provided by Pôle emploi.
The right provided for in the first paragraph of this article may concern information relating to unidentified persons, under conditions laid down by decree of the Conseil d’Etat issued after consultation with the Commission Nationale de l’Informatique et des Libertés.
The right provided for in the same first paragraph is exercised regardless of the medium used to store the documents and may be accompanied by the immediate taking of extracts and copies.
Documents and information shall be provided free of charge within thirty days of receipt of the request.
Documents and information shall be provided digitally.
Silence or refusal to comply with a request under the said first paragraph is punishable by a fine of €1,500 per contributor or beneficiary concerned, up to a maximum total fine of €10,000.
Silence or refusal to comply with a request under the second paragraph is punishable by a fine of €5,000. This fine applies to each request if all or some of the documents or information requested are not provided.
These amounts are doubled in the event of a repeated refusal or silence on the part of the third party within five years of the expiry of the thirty-day period granted to the third party to comply with Pôle emploi’s first request.
Without prejudice to other legislative provisions applicable to the exchange of information, the right of communication defined in this article is exercised under the conditions provided for and with the persons mentioned in Section I of Chapter II of Title II of the Book of Tax Procedures, with the exception of the persons mentioned in Articles L. 82 C, L. 83 A to L. 83 E, L. 84 to L. 84 E, L. 89 to L. 91, L. 95, L. 96, L. 96 B to L. 96 CA, L. 96 F to L. 96 H and L. 96 J of the same book.
When a procedure for recovery or total or partial withdrawal of an allowance, assistance or any other benefit is initiated against a natural or legal person, following use of the right referred to in the first paragraph of this Article, Pôle emploi is required to inform this person of the content and origin of the information and documents obtained from third parties on which this decision is based. It will provide a copy of the documents mentioned in this paragraph to the person who requests it.