Section 5: Request for rectification or deletion

The competent public prosecutor, pursuant to the provisions of article 706-25-12, to order, at the request of the person concerned, the rectification or deletion of the information contained in the file is that of the last court that handed down a sentence that led to the person concerned being entered in the file. If the last court is a court of appeal, the competent public prosecutor is that of the…

The competent magistrate must inform the interested party of his decision by registered letter with acknowledgement of receipt within three months of receipt of the request. If there is no response within this period, or if the magistrate does not grant the request, the interested party may refer the matter to the liberty and custody judge for the same purpose within ten days by registered letter with acknowledgement of receipt…

After requesting the public prosecutor’s written submissions, the liberty and custody judge makes a reasoned decision within three months. The order is notified to the public prosecutor or investigating judge and, by registered letter with acknowledgement of receipt, to the interested party.

If the liberty and custody judge fails to rule within the time limit set in article R. 50-56 or if his request is not granted, the interested party may, within a period of ten days, refer the matter to the President of the Examining Chamber by registered letter with acknowledgement of receipt or by a declaration made at the registry of the Court of Appeal. The objection must be substantiated,…

If the request is granted, the public prosecutor may, within ten days, contest the decision before the president of the investigating chamber. This challenge suspends the execution of the decision.

The President of the Examining Magistrate’s Court, after requesting the Public Prosecutor’s written submissions, makes a reasoned order within three months. This order is notified to the public prosecutor or the investigating judge and, by registered letter with acknowledgement of receipt, 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.

If the requests provided for in article 706-25-12, the public prosecutor shall inform the department managing the file of the decision, which shall proceed without delay, depending on the case, to erase or rectify the data or to record the new justification requirement in the file. The public prosecutor shall inform the department managing the file of the decision, which shall proceed without delay, depending on the case, to erase…

Persons entered in the file pursuant to the first paragraph of B of II of article 19 de la loi n° 2015-912 du 25 juillet 2015 may apply to the juge des libertés et de la détention for the deletion of information concerning them within ten days of being notified of its registration. In this case, the time limits and procedural rules in this section shall apply.