Title IV: Common provisions

The data used by the software covered by this chapter may only come from the judicial proceedings documents already held by the departments mentioned in article 230-20. When data is used which may indirectly reveal the identity of individuals, this identity may only be revealed once the matching operations have been carried out, and only for those items of data which have actually been matched with each other or with…

Personal data that may be revealed by the exploitation of the enquiries and investigations mentioned in 1° of Article 230-20 shall be deleted when the investigation is closed and, in any event, on expiry of a period of three years. Personal data that may come to light as a result of the investigations referred to in 2° of the same article shall be deleted as soon as the investigation has…

Without prejudice to the supervisory powers granted to the Commission Nationale de l’Informatique et des Libertés by the aforementioned loi n° 78-17 du 6 janvier 1978, the processing of personal data is carried out under the supervision of the competent public prosecutor, who may request that it be deleted, completed or rectified, particularly in the event of a judicial reclassification. Rectification for judicial requalification is automatic when requested by the…

A magistrate, responsible for monitoring the implementation of software covered by this chapter and ensuring that data is kept up to date, appointed for this purpose by the Minister of Justice, shall assist in the application of Article 230-23. This magistrate may act ex officio or at the request of private individuals. He shall have direct access to such software for the performance of his duties.

Only the following may use the software covered by this chapter: 1° Employees of the departments mentioned in article 230-20, individually designated and specially empowered, for the sole purposes of the investigations referred to them ; 2° Public prosecutors and investigating magistrates, for investigations relating to offences referred to them; 3° The competent public prosecutor, for the purposes of the supervision he or she exercises under article 230-23 ; 4°…

Software covered by this chapter may under no circumstances be used for the purposes of administrative investigations, nor for any purpose other than that defined in article 230-20.

Software covered by this chapter may only be authorised by decree in the Conseil d’Etat issued after consultation with the Commission nationale de l’informatique et des libertés. This decree shall specify, in particular, the offences concerned, the procedures for supplying the software, the conditions for authorising the persons mentioned in 1° of Article 230-25 and the procedures under which interested persons may exercise their right of access.