Title XX: National automated genetic fingerprint database and central biological sample preservation service

The President of the Examining Magistrate’s Chamber, after requesting the Public Prosecutor’s written submissions, makes a reasoned order within three months. This order is notified to the Public Prosecutor and, by registered letter, to the interested party. It may only be appealed to the Supreme Court if it does not satisfy, in form, the essential conditions for its legal existence.

I.-The right to object does not apply to this processing pursuant to Article 23 of Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC and Articles 56 and 110 de la loi n° 78-17 du 6 janvier 1978 relative à l’informatique, aux fichiers et aux libertés. II.The…

The national automated DNA fingerprint database is placed under the control of a senior prosecutor, appointed for three years by order of the Minister of Justice, and assisted by a committee comprising a magistrate and two qualified persons, designated for their expertise in the field of genetics or information technology, appointed under the same conditions. .

The magistrate mentioned in Article R. 53-16 and, at his request, the members of the committee provided for in the same article shall have permanent access to the file and to the place where it is located. The authority managing the file shall send him an annual activity report and, at his request, any information relating to the file. This magistrate may order any measures necessary for the exercise of…

Personnel of the national forensic police service of the national police and those of the national gendarmerie, specially assigned to the service implementing the processing, and duly authorised, may alone, at the request of the judicial authority or judicial police officers, ensure that the file is fed, have access to the information recorded and carry out reconciliation operations. Officers and agents of the judicial police and specialised agents, technicians or…

The collection, modification, consultation, communication, including transfers, and deletion of personal data and information are recorded. Recorded consultation and communication operations establish the identifier of the author, the date, the time, the reason for the operation and, where applicable, the recipients of the data. This information is kept for three years.

The national automated genetic fingerprint database may not be interconnected, reconciled or linked with any other automated processing of nominative information, with the exception of: 1° Processing implemented by the central service for the preservation of biological samples mentioned in article R. 53-20-1. This processing may include a common reference number with the national automated genetic fingerprint database. Under no circumstances may it contain the results of DNA identification analyses;…

As an exception to articles R. 53-18 and R. 53-19, the data recorded in the national automated genetic fingerprint database, with the exception of that mentioned in III of article R. 53-10, may be consulted, in particular with a view to being matched, by agents of international judicial police cooperation bodies or by agents of the police or judicial services of foreign States, for the purposes and under the conditions…

Subject to the special rules laid down in the acts and agreements referred to in 2° and 3° of Article R. 53-19-1, the operations carried out under the said provisions: 1° Are carried out by agents specially authorised for this purpose by the requesting international organisations or States; 2° Are subject, on the part of these agents, to prior reasoned requests; 3° Give rise to a registration under the conditions…

Where it has not been taken in the course of the investigation, enquiry or trial proceedings, the sample shall be taken, on the instructions of the public prosecutor or the public prosecutor and in accordance with the procedures set out in I of Article 706-56, within one year at the latest: 1° Either, if the person has been definitively sentenced to a penalty, from the end of the execution of…