Book V BIS : General provisions

The Ministry of Justice is authorised to create a personal data processing system known as the “digital criminal file” to be implemented in each court. The purposes of this processing, which concerns adults and minors, are to: 1° To facilitate and improve the processing of criminal files by judges, court clerks and persons authorised to assist them by enabling : a) The use, for the conduct of criminal proceedings, of…

The records, acts and documents recorded in the processing are: 1° Records and reports drawn up by officers or agents of the judicial police and officials and agents responsible for certain judicial police duties, as well as documents appended thereto; 2° Acts carried out by experts and persons required, commissioned by the police or judicial services; 3° Acts carried out by magistrates or agents of the judicial services, the prison…

The following categories of personal data may be recorded: 1° Concerning witnesses, victims, accused persons, persons under investigation or placed under the status of assisted witness, persons prosecuted, convicted persons as well as those under investigation for the investigation of the causes of death or injury provided for by Article 74 or an investigation into a worrying disappearance referred to in Article 74-1: a) Data relating to identity and contact…

The information recorded in the processing is kept in the active database until the prosecution is terminated or, where a case has been referred to a court, until the last court to which the case was referred has given a final ruling in a decision on the merits of the case or, where a conviction has been handed down, until the end of the enforcement of the sentence handed down…

I.-May access information recorded in the processing provided for in article R. 249-9 : 1° Judges and public prosecutors practising in all courts of first instance, appeal and cassation for the sole purpose of dealing with offences or proceedings referred to them, and judicial auditors for the sole purpose of carrying out the assignments entrusted to them; 2° Registry officers and persons authorised under the article R. 123-14 of the…

In accordance with the provisions of article 111 of law no. 78-17 of 6 January 1978 as amended relating to information technology, files and freedoms, access to data and the conditions for its rectification or deletion are governed by the provisions of this code.

The right to object provided for in the first paragraph of Article 110 of Law No. 78-17 of 6 January 1978 as amended relating to data processing, files and freedoms does not apply to the processing provided for in this chapter.

The collection, modification, consultation, communication and deletion of personal data and information are subject to a record including the identification of the user, the date, time and nature of the intervention in this processing. This information is kept for a period of six years.