The 16/10/09 Decree provides a better framework for data processing for the purposes of public secur

Almost a year after giving up on the database “EDVIGE,” the Government has just published two decrees that were adopted with a favorable opinion from the French National Commission on Informatics and Liberty (CNIL). We are now entering the phase EDVIGE II.

What is EDVIGE II?

The decrees of the 16th of October concern implementation by the Central directorate for public safety of a database regarding prevention of threats against public safety and a database relating to administrative investigations linked to public safety.

These decrees set the legal framework for databases compiled by the Central Directorate of General Intelligence. They will enable relevant police services to use the databases in conditions that comply with civil rights and liberties under the monitoring powers of the CNIL.

Which data cannot be processed?

Files on important persons will be impossible. Recording information concerning health or sex life of persons will not be allowed.

Only “specific and objective physical signs” that are likely to enable identification of persons may be mentioned, which excludes all reference to ethnic or racial origin.

What’s the purpose of this database?

Reference to “law and order,” which is broader than the notion of “public security,” was finally not retained. Only activities founded on objective facts are likely to be mentioned, to the extent that they would constitute a threat to public security.

How long will the data be retained?

The data will not be retained for a duration superior to five years.

Who can access these databases?

The CNIL is the only authority empowered to monitor police files other than judicial cases. Access to these databases will be subject to strict traceability measures, a technical condition essential to the efficiency of the CNIL’s monitoring.

The CNIL indicated that it “will not fail to use the monitoring powers bestowed upon itself by law. The CNIL will accordingly be vigilant concerning the conditions relating to data processing of minors. It will especially ensure that data relating to geographical origin of persons stays factual and objective, and that use of ethno-racial references be barred.”