Regulatory part - Council of State decrees

The Minister of the Interior (Directorate General of the National Police and Directorate General of the National Gendarmerie) is authorised to implement automated processing of personal data, known as “criminal records processing”, for the purposes mentioned in l’article 230-6.

The processing consists of data collected in the context of procedures established by the police and national gendarmerie units, or by customs officers authorised to carry out judicial police duties. It may contain personal data of the kind mentioned in I of article 8 of the law of 6 January 1978, solely in cases where this data results from the nature or circumstances of the offence or relates to particular…

The data collected in the context of article R. 40-24 may only concern the following categories: 1° Persons in respect of whom there is serious or corroborating evidence during a preliminary investigation, an investigation in flagrante delicto or on the basis of a letter rogatory, making it likely that they may have participated, as perpetrators or accomplices, in the commission of a felony, a misdemeanour or a fifth-class contravention provided…

The following categories of personal data and information may be recorded in this processing operation: 1° Concerning defendants: a) Natural persons: – identity (surname, married name, official alias, forenames, gender); – nickname, alias; – date and place of birth; – family situation; – parentage; – nationality; – addresses; – e-mail addresses; – telephone numbers ; – occupation; – status of the person; – description; – photograph including technical features enabling…

I. – Data concerning an accused person of full age shall be kept for twenty years. By way of derogation, it shall be kept: – five years when the person is accused of one of the offences provided for in the Highway Code or in the articles 221-6,221-6-1,222-19,222-19-1,222-20-1,225-10-1,227-3 à 227-11,311-3,314-5,314-6,431-1,431-4and 434-10 of the Penal Code and L. 3421-1 of the Public Health Code, as well as for the contraventions listed…

I. – Shall have access to all or, by reason of their attributions, part of the data mentioned in article R. 40-26 for the purposes of judicial investigations: 1° Officers of the national police services carrying out judicial police missions individually designated and specially authorised either by the heads of the territorial services of the national police, or by the heads of the active services at the police prefecture or,…

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…

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…

The collection, modification, consultation and deletion of personal data and information are subject to a record including the identifier of the author, the date and time of the operation and its administrative or judicial nature. This data is kept for six years.

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…