Regulatory part - Council of State decrees

Any person whose identity is entered in the register may ask the public prosecutor to order the rectification or deletion of information concerning them if the information is not accurate or if the legal conditions for its retention are no longer met. The competent public prosecutor is the one who made the recording or that of the court to which the judicial authority that made the recording belongs. If the…

The request for rectification or deletion must, on pain of inadmissibility, be sent by registered letter with acknowledgement of receipt or by declaration to the court registry. This request is addressed to the public prosecutor mentioned in the previous paragraph.

The competent magistrate must inform the interested party of his decision by registered letter with acknowledgement of receipt, within three months of receiving the request. If there is no response within this period, or if the magistrate does not order the rectification or deletion, 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…

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 and, by registered letter with acknowledgement of receipt, to the person concerned.

If the liberty and custody judge fails to give a ruling within three months or if the request for rectification or deletion is not granted, the interested party may, within ten days, refer the matter to the president of the investigating chamber, by registered letter with acknowledgement of receipt or by declaration to the clerk’s office. On pain of inadmissibility, his challenge must be reasoned.

If the request for rectification or deletion is granted, the public prosecutor may also, within ten days, challenge this decision before the president of the investigating chamber. This challenge suspends enforcement of the decision.

The President of the Examining Magistrate’s Chamber, after requesting written submissions from the Public Prosecutor, makes a reasoned order within three months. This order is notified to the Public Prosecutor 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 R. 53-21-11, the public prosecutor shall inform the register management department, which shall immediately rectify or delete the data, depending on the case. It is the responsibility of the public prosecutor to inform the register management department, which shall immediately rectify or delete the data, depending on the case.