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Article R40-29 of the French Code of Criminal Procedure

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…

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Article R40-29-1 of the French Code of Criminal Procedure

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…

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Article R40-31 of the French Code of Criminal Procedure

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…

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Article R40-31-1 of the French Code of Criminal Procedure

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…

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Article R40-32 of the French Code of Criminal Procedure

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….

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Article R40-33 of the French Code of Criminal Procedure

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…

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Article R40-34 of the French Code of Criminal Procedure

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.

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Article R40-35 of the French Code of Criminal Procedure

The authorisations provided for in Article 230-16 are issued under the following conditions: 1° For national police officers carrying out judicial police duties, either by the heads of the national police territorial services, or by the heads of the active services at the police headquarters or, where applicable, the police prefect, or by the heads of the national police central services or, where applicable, the director general to whom they…

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Article R40-36 of the French Code of Criminal Procedure

Requests for rectification or deletion of data from data subjects may be addressed either directly to the territorially competent public prosecutor or to a magistrate designated in accordance with articles 230-9and 230-14, or, via the Commission nationale de l’informatique et des libertés, to the data controller. Corporate entities may only submit their request directly to the public prosecutor with territorial jurisdiction. If the public prosecutor or data controller to whom…

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