Book I: Public prosecutions and investigations

I. – Data concerning an accused person of full age shall be kept for twenty years. By way of derogation, it shall be kept: – five years when the person is accused of one of the offences provided for in the Highway Code or in the articles 221-6,221-6-1,222-19,222-19-1,222-20-1,225-10-1,227-3 à 227-11,311-3,314-5,314-6,431-1,431-4and 434-10 of the Penal Code and L. 3421-1 of the Public Health Code, as well as for the contraventions listed…

I. – Shall have access to all or, by reason of their attributions, part of the data mentioned in article R. 40-26 for the purposes of judicial investigations: 1° Officers of the national police services carrying out judicial police missions individually designated and specially authorised either by the heads of the territorial services of the national police, or by the heads of the active services at the police prefecture or,…

I. – As part of the investigations provided for in Article 17-1 of Law no. 95-73 of 21 January 1995, in Articles L. 114-1, L. 114-2, L. 211-11-1, L. 234-1 et L. 234-2 du code de la sécurité intérieure et à l’article L. 4123-9-1 of the Defence Code, the personal data contained in the processing which relates to legal proceedings in progress or closed, with the exception of cases where…

Personal data contained in the processing may be accessed, for consultation purposes only, with the exception of data relating to persons registered as victims: 1° Agents of the departments mentioned in article R. 234-3 of the Internal Security Code, individually designated and authorised by the director to whom they report, under the conditions set out in article L. 234-4 of the same code; 2° Officers from the department mentioned in…

The collection, modification, consultation and deletion of personal data and information are subject to a record including the identifier of the author, the date and time of the operation and its administrative or judicial nature. This data is kept for six years.

The processing of personal data is subject to the control and monitoring provided for in articles 230-8 and 230-9. Requests for rectification or deletion of data from interested parties may be addressed directly to the Public Prosecutor with territorial jurisdiction or to the magistrate mentioned in article 230-9. Any request for rectification or deletion addressed to the Public Prosecutor with territorial jurisdiction or to the magistrate mentioned in article 230-9…

On receipt of a request for rectification or deletion, the territorially competent public prosecutor or the magistrate referred to in Article 230-9 shall inform the interested party of his decision by registered letter. If the Public Prosecutor with territorial jurisdiction or the magistrate referred to in Article 230-9 does not order the deletion or rectification, the interested party may, pursuant to the third paragraph of Article 230-8 and the fourth…

The implementation and updating of the processing operation shall be supervised by a senior public prosecutor, appointed for three years by order of the Minister of Justice, and assisted by a committee of three members appointed under the same conditions. The authorities managing the processing shall send him, at his request, any information relating to the processing. This magistrate may order any measures necessary for the exercise of his control….

I.-The right to object provided for in article 38 of Law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms does not apply to this processing operation. Any person identified in the file as a victim may, however, object to personal data concerning him or her being kept in the file once the perpetrator has been convicted. Such persons shall be informed of their right to…

Without prejudice to the application of Article 44 of Law no. 78-17 of 6 January 1978, the Director General of the National Police and the Director General of the National Gendarmerie shall jointly report annually to the National Commission for Information Technology and Civil Liberties on the verification, updating and deletion of information recorded in the processing.