Regulatory part - Council of State decrees

In accordance with dispositions de l’article L. 235-1 du code de la sécurité intérieure, les résultats des analyses d’identification par empreintes génétiques mentionnées aux I et II de l’article R. 53-10 transmitted by international judicial police cooperation bodies or foreign police services may also be recorded in the file or reconciled with the data recorded therein. The data thus recorded shall be accompanied by the information mentioned in article R….

In accordance with the provisions of Article L. 235-1 of the Internal Security Code, the results of DNA identification tests on the persons mentioned in III of Article R. 53-10 transmitted by foreign authorities may be matched with data entered in the file.

The number and nature of the non-coding DNA segments on which genetic fingerprint identification analyses are based are defined by order of the Minister of Justice and the Minister of the Interior issued after consulting the committee responsible for approving persons authorised to carry out genetic fingerprint identification missions in the context of legal proceedings or the extrajudicial procedure for identifying deceased persons, provided for by Article 1 of Decree…

Provided that they have not been deleted under the conditions laid down in Articles R. 53-14-1 to R. 53-14-4, data and information are kept for the maximum periods detailed in the following paragraphs: 1° Data and information relating to the traces mentioned in 1° and 1° bis of I of Article R. 53-10 are kept for twenty-five years from the date of registration in the file. This retention period is…

The following shall be deleted by the managing department before expiry of the period mentioned in Article R. 53-14: 1° The data mentioned in 1° and 1° bis of I of Article R. 53-10 on the instruction of the public prosecutor or investigating judge or, at their request, the judicial police officer, once it is established that their retention no longer appears necessary given the purpose of the file, in…

I.-The public prosecutor responsible for, pursuant to the provisions of the sixth paragraph of Article 706-54 and the second paragraph of Article 706-54-1, order the deletion of data relating to the persons mentioned in 2° and 5° of I and 4° of III of Article R. 53-10 is that of the court within whose jurisdiction the proceedings giving rise to the recording were conducted. The request for deletion must, on…

The competent magistrate must inform the interested party of his decision by registered letter within three months of receipt of the request, either by himself or by the public prosecutor of the interested party’s place of residence. If no reply is received within this period, or if the magistrate does not order the deletion, the interested party may appeal to the president of the investigating chamber within ten days by…

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. .