Regulatory part - Council of State decrees

The magistrate mentioned in Article R. 53-16 and, at his request, the members of the committee provided for in the same article shall have permanent access to the file and to the place where it is located. The authority managing the file shall send him an annual activity report and, at his request, any information relating to the file. This magistrate may order any measures necessary for the exercise of…

Personnel of the national forensic police service of the national police and those of the national gendarmerie, specially assigned to the service implementing the processing, and duly authorised, may alone, at the request of the judicial authority or judicial police officers, ensure that the file is fed, have access to the information recorded and carry out reconciliation operations. Officers and agents of the judicial police and specialised agents, technicians or…

The collection, modification, consultation, communication, including transfers, and deletion of personal data and information are recorded. Recorded consultation and communication operations establish the identifier of the author, the date, the time, the reason for the operation and, where applicable, the recipients of the data. This information is kept for three years.

The national automated genetic fingerprint database may not be interconnected, reconciled or linked with any other automated processing of nominative information, with the exception of: 1° Processing implemented by the central service for the preservation of biological samples mentioned in article R. 53-20-1. This processing may include a common reference number with the national automated genetic fingerprint database. Under no circumstances may it contain the results of DNA identification analyses;…

As an exception to articles R. 53-18 and R. 53-19, the data recorded in the national automated genetic fingerprint database, with the exception of that mentioned in III of article R. 53-10, may be consulted, in particular with a view to being matched, by agents of international judicial police cooperation bodies or by agents of the police or judicial services of foreign States, for the purposes and under the conditions…

Subject to the special rules laid down in the acts and agreements referred to in 2° and 3° of Article R. 53-19-1, the operations carried out under the said provisions: 1° Are carried out by agents specially authorised for this purpose by the requesting international organisations or States; 2° Are subject, on the part of these agents, to prior reasoned requests; 3° Give rise to a registration under the conditions…

Where it has not been taken in the course of the investigation, enquiry or trial proceedings, the sample shall be taken, on the instructions of the public prosecutor or the public prosecutor and in accordance with the procedures set out in I of Article 706-56, within one year at the latest: 1° Either, if the person has been definitively sentenced to a penalty, from the end of the execution of…

Unless otherwise decided by the public prosecutor, the judicial police officer or, in the course of an investigation, the investigating judge, seals and samples relating to the traces and samples mentioned in 1°, 1° bis, 3° and 4° of I and 1° and 2° of III of Article R. 53-10 are sent, when the analysis has been carried out, to the central service for the preservation of biological samples with…

I.-Seals and samples are sent to the central service for the preservation of biological samples in standardised packaging in accordance with the procedures laid down by joint order of the Minister of Justice and the Minister of the Interior, and accompanied by the information mentioned in article R. 53-11. When the packaging of the seals and biological samples sent to it does not comply with the requirements set by the…

The magistrate mentioned in article R. 53-16, assisted by the committee provided for in the same article, controls the conditions under which the central service for the preservation of biological samples operates. It may carry out any on-site checks. The authority responsible for the service shall send it an annual activity report and, at its request, any information relating to the operation of the service. The magistrate shall draw up…